SANATAN SAH Vs. RAKESH KUMAR GUPTA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Revision Application under Sec. 14 (8) of Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (for short 'BBC Act') has been filed for setting aside the judgment / decree dtd. 17/10/2022 passed by learned Sub-Judge Ist, Munger in Eviction Suit No. 06 of 2008 whereby and whereunder the aforesaid suit filed by the opposite party/ respondent (plaintiff in the trial Court) on the ground of personal necessity has been decreed and the petitioner/defendant in the trial Court has been directed to vacate the suit property within sixty days of passing the decree.

(3.) The Opposite Party / plaintiff filed the Eviction Suit No. 06 of 2008 stating that after the death of plaintiff's father, his elder brother Chandramani Prasad Gupta became Karta, Manager and representative of Joint Hindu undivided family. The joint family own and possess a house bearing holding No. 5 and 5 'A"(old) corresponding to 5 and 6 (new) at Kaura Maidan Munger and present suit is filed for eviction of defendant from one of Khatal of said holding. The joint family of plaintiff divided on the basis of Yaddast partition between the brothers. After partition, the suit premises fell in Khas share of the plaintiff. The plaintiff has become owner of suit premises who is in constructive possession and defendant is tenant.