MADHURI DEVI Vs. RAGHUBANSH JHA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the opposite party.

(2.) The instant revision application has been filed under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as B.B.C.Act) against the judgment and order dated 05.04.2010 passed by Musif I, Darbhanga in Eviction Suit No. 15/07.

(3.) The plaintiff's case, in short, is that he, out of his earning, acquired an area of 3 Katha 10 Dhurs of land with Padmanand Jha through registered sale deed dated 01.05.1968 and thereafter both the purchasers divided the purchased land. The plaintiff has constructed double storied building over the land of his share and in the 1st floor of the said building the plaintiff resides with his family members and in the ground floor there are two flats. The defendant has been inducted as monthly tenant in the flat on the northern part of the ground floor. Although the allegation of default in payment of rent has been made in the plaint but the suit has been filed only on the ground of personal necessity stating that in private arrangement in the family, the plaintiff has allotted northern part of the ground floor to his second son and southern part to his first son. It is the case of the plaintiff that his second son, Shankar Kumar Jha holds the degree of M.Sc but is unemployed and wants to establish a coaching centre in the suit premises for earning his livelihood. The refusal by the defendant to vacate the suit premises, as per the agreement at the time of inducting her as tenant, has led to the filing of this suit.