SHYAMBABU SAH Vs. SHYAM BABU SAH

JUDGEMENT

(1.) Heard Mr. Surendra Kishore Thakur, learned counsel for the petitioner and Mr. Yogendra Mishra, learned counsel for the opposite party.

(2.) This Civil Revision Application has been filed under Sec. 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, (hereinafter referred to as the 'Act') on behalf of the tenant/defendant/petitioner for setting aside the judgment and order dtd. 16/6/2016 passed by the Munsif, Sheohar in Eviction Suit No.03/2008 whereby and whereunder the learned Court below has decreed the Eviction Suit in favour of the plaintiff on the ground of personal necessity.

(3.) The plaintiff's case in brief, is that plaintiff purchased the suit property and constructed rooms for the purpose of establishing a market (known as Bhukhlu Sah market). The defendant/petitioner approached the plaintiff/respondent to let out the room to him for establishing a printing press and after negotiation, the plaintiff/opposite party let out the suit premises to the defendant on monthly rent of Rs.500.00. The plaintiff due to personal requirement for godown to expand his own business and as such needed the tenanted premises in good faith for personal necessity and requested the defendant to vacate the tenanted premises but the defendant is not ready to vacate the premises despite service of legal notice on defendant through speed post on 24/1/2017 and lastly on 29/7/2008. Thereafter, the defendant stopped payment of monthly rent.