BIBIZUBAIDAKHATOOA Vs. RAJ KAMAR KHAITAN

JUDGEMENT

(1.) The tenants-petitioners have filed the present revision-application against the judgment and decree dated 29th May,1993, passed by the Munsif 1st Court, Darbhanga, in Eviction Suit No. 30/85, decreeing the landlords opposite parties, suit for eviction.

(2.) The plaintiffs-opposite parties filed the suit for eviction against the defendants-petitioners from the suit premises described in schedule 2 of the plaint on the ground of personal necessity.

(3.) The plaintiffs' case, in brief, is that Mahahir Prasad Khetan, father of plaintiff 2nd party and grandfather of plaintiffs first party, was the owner of the property described in schedule-1 of the plaint He executed a registered deed of gift on 9-11-1984 in favour of plaintiffs first party with regard to schedule-I property and put them in possession, Jugal Kishore Khetan, plaintiff second party being the father of plaintiff 1st party was looking after the suit property on behalf of his sons. Mahabir Pd. Khetan had let out a portion of Schedule-1 property to the defendants, described in schedule-2 of the plaint on a monthly rental of Rs. 265/- for carrying on a business of Handloom cloths. They used to pay the rent regularly to Mahabir Prasad Khetan and then to the plaintiff second party from November, 1984 to July, 1985. Thereafter the plaintiffs first party asked the tenants to vacate the suit premises as they required the same to start their own business for their livelihood. On the request of the tenants six months six months time was granted to vacate the premises, even then they did not vacate the same, hence the suit.