SATISH KUMAR Vs. PHULWA DEVI

JUDGEMENT

(1.) Heard Mr. Surendra Kishore Thakur, learned counsel for the petitioner and Mr. Shanti Kumar, learned counsel for the opposite Party.

(2.) This civil revision application under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 is directed against the judgment and order dated 29.7.2008 passed by learned Munsif- Nalanda at Biharsharif in Eviction Case No. 14 of 2003 whereby the learned trial Court has been pleased to decree the suit in favour of the plaintiff-opposite party and has directed the defendant-petitioner to handover the vacant position of the same to the plaintiff. The suit property in question is a shop admeasuring 13'9"x 8'4" situated in Holding No. 162, Ward No. 7/13 in Mohalla- Sherpur, P.S. Bihar, District Nalanda.

(3.) The suit in question was filed by the plaintiff-opposite party seeking eviction of the defendant-petitioner inter alia on grounds of personal necessity, as the plaintiff bonafidely required the suit premises for settlement of her son Satendra Kumar who was sitting unemployed since last 10 to 11 years and the shop was required for settlement of the said son for running a business of general store. The suit was contested by the defendant-petitioner inter alia on grounds that the requirement was not bonafide and that the plaintiff had other alternative for the purpose. The suit having been decreed in favour of the plaintiff hence, the present application.