MAHESH KUMAR Vs. DHIRENDRA KUMAR SINHA.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Revision application has been preferred under Sec. 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 against the Judgment and order dtd. 4/4/2016 passed in Eviction Suit No. 17 of 1998 by the 2nd Munsif, Darbhanga whereby the suit has been decreed on contest in favour of plaintiffs and the defendants have been directed to vacate the suit premises within two months and to hand over possession to the plaintiffs, otherwise they will be entitled to the same by the process of the court.

(3.) The original plaintiff Sri Mahendra Narayan Sinha (after his death his legal heirs substituted) filed suit for eviction of the defendants (wife, sons and daughters of his brother Surendra Narayan Sinha) from the suit premises stating that, one Gobardhan Lal had three sons namely, Nagendra Narayan Lal, Surendra Narayan Sinha and Mahendra Narayan Sinha. The plaintiff claimed that in the family arrangement of 1966 the suit property fall in the share of the plaintiff. After death of his brother Surendra Narayan Sinha in 1989 as help plaintiff inducted the defendants in the suit premises and later on monthly rent of Rs.50.00, had been fixed and paid from 1/1/1992. However, the defendants started laying false and vexatious claim over the suit land.