LAWS(PAT)-1992-7-37

BHARATI PUSTAK KENDRA Vs. CHHEDI LAL DARUKA

Decided On July 03, 1992
Bharati Pustak Kendra And Ors. Appellant
V/S
Chhedi Lal Daruka Respondents

JUDGEMENT

(1.) The defendants have filed the present revision application against the judgment and decree dated 22nd May, 1990, passed by Subordinate Judge II Darbhanga, in Eviction Suit No 2 of 1986 by which he has decreed the suit for eviction filed by the plaintiff-opposite party against them on the ground of personal necessity with regard to the suit premises under Section 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviciion) Control Act, 1982 (hereinafter to be referred to as the Act).

(2.) The plaintiff-opposite party btought the aforesaid suit for eviction of the petitioners from the two eastern most shops on the ground-floor (which are presently amalgamated into one) and eastern most one room on the first floor being portions of Holding No. 200 situate at Tower Chowk, Katki Bazar in the town of Darbhanga, described in Schedule 'A' of the plaint.

(3.) Admittedly, the defendants were inducted as tenants in the suit premises by the father of the plaintiff Bhagwan Das Daruka and in partition between Bhagwan Das Daruka and his sons, the suit premises fell in the share of the plaintiff and the defendants accepted him as landlord.