ANIL PRASAD SINGH Vs. MD. IRFAN

JUDGEMENT

(1.) This Second Appeal has been preferred against the Judgment dtd. 26/3/2018 and Decree dtd. 10/4/2018, passed by 1st Additional District Judge, Naugachia, Bhagalpur in Title Eviction Appeal No. 36 of 2015, affirming the Judgment dtd. 19/3/2015 and Decree dtd. 1/4/2015, passed by Munsif, Civil Court, Naugachia in Title Suit No. 01 of 2003, wherein the suit was dismissed on contest.

(2.) The appellant was plaintiff before the Trial Court who had filed the suit for eviction of defendant from the suit property on the ground of personal necessity. It was stated by the plaintiff that the plaintiff is the owner and possessor of suit property bearing Holding No. 75, Ward No. 2 of N.A.G., Naugachia (Survey Plot No. 1940, Khata No. 610 situated at Bihula Asthan Road, Naugachia.

(3.) The case of the plaintiff is that the defendant is the tenant in respect of suit property i.e. shop room of the said Holding No. 75 at a monthly rent of Rs.175.00 per month. The defendant is carrying a Homeopathic Clinic in the said shop and he is the Homeopathic Practitioner. Further case of the plaintiff is that his nephew wants to carry on a business of Crockery in the town of Naugachia and the suit premises is a suitable place for carrying a crockery business, accordingly, the suit premises is required by the plaintiff for his own occupation to launch the business of crockery to provide an engagement to his nephew Rajnish Kumar who is sitting idle. The plaintiff requested the defendant to vacate the suit premises several times but the defendant failed to comply the said request. Hence, the plaintiff filed the said suit for eviction.