RAMCHANDRA RAM Vs. SAVITRI DEVI

JUDGEMENT

(1.) This Civil Revision application has been preferred by defendant petitioner under Sec. 14 (8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'Act') against the judgment and order dtd. 22/11/2018 passed by learned Additional Munsif-II, Jamui in Eviction Suit No. 2/2004 whereby the defendant has been directed to vacate the suit premises and deliver the same to the plaintiff within 60 days.

(2.) The plaintiff's case in brief is that she used to reside in a house made of Mud. She purchased a house consisting of four bed rooms on 20/12/2001. The defendant-petitioner was in service in Dhanbad came to the village Oraiya after retirement in 2002 and on his request the said house was let out on rent on payment of monthly rent of Rs.100.00. There was no written contract. Defendant petitioner used to pay rent which was entered in her private diary. Later on, defendant constructed his own house of 7-8 rooms. Kachha house of the plaintiff became non-residential then she requested the defendant to vacate the tenanted premises on the ground of personal necessity as she has no other house to live but defendant neither vacated the suit premises nor paid rent for six months then the plaintiff filed the aforesaid eviction suit.

(3.) The defendant case is that husband of plaintiff is his brother-in-law (Sala) and he purchased the suit land by registered sale deed from the husband of the plaintiff (Ramavtar Ram) over which he has constructed his own house out of fund received from post-retiral benefits and is residing over the same since 11/3/1987 in the capacity of independent title holder.