MADAN SAH Vs. LALESHWAR CHOUBEY

JUDGEMENT

(1.) The tenant-petitioner has filed the present application under Section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act (hereinafter referred to as the Act) against the order dated 30-4-1993 passed by the learned Munsif, Darbhanga, in Eviction Suit No. 31/92, by which he has decreed the suit of the plaintiffs-opposite parties for eviction against the petitioner and directed him to vacate the suit premises within the period fixed in the order, failing which the plaintiffs would be entitled to get the decree executed against the defendant through the process of the court.

(2.) The factual foundation essential for the disposal of the present application is that the plaintiffs-opposite parties filed the aforesaid suit for eviction against the petitioner on the ground of personal necessity.

(3.) The plaintiffs"case, in brief, is that they have their house on holding No. 34, Ward No. 10 in Mohalla Jurawan Singh in the district of Darbhanga. They are living with their family members in the said house and have constructed some shops on the southern side and let out the same to different tenants. They have also constructed one 'Ekchari"with tiled roof and let out the same to the defendant-petitioner on a monthly rental of Rs. 200.00 with Sahan. Plaintiff No. 2, who is son of plaintiff No. 1 is unemployed and he intends to start a business in plastic and plastic goods and the suit building is suitable place of starting the said business. The plaintiffs requested the defendant-petitioner to vacate the said building and on their refusal filed the present suit.