VINOD KUMAR Vs. PAVITRI DEVI

JUDGEMENT

(1.) THE tenant - petitioner is aggrieved by part of the judgment and decree dated 7.8.2002 passed by the Subordinate Judge, Patna, whereby he has allowed his partial eviction from the suit shop only in terms of the proviso to section 11 (1 )(c) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act').

(2.) ADMITTEDLY , the plaintiff -opposite party is the owner of the shop, which is measuring 12'14" in width and 7 '8" in length, situated at Ashok Raj Path, which is the main market of the town of Patna. The plaintiff filed a suit for eviction on the ground that she has four daughters and they are all married, but she requires the suit premises for opening a medical -shop to maintain her youngest daughter and her husband. The tenant -petitioner admitted the tenancy but challenged the need of the plaintiff -opposite party.

(3.) THE tenant - petitioner has challenged the order for partial eviction. The court below has found that plaintiff -opposite party required the premises reasonably and in good faith. Nothing has been pointed out to show that the said finding is either based on no evidence or contrary to law. So far as the partial eviction is concerned, Proviso to section 11(1)(c) of the Act runs as follows :