PUSHKAR KUMAR Vs. SOBHA DEVI

JUDGEMENT

(1.) Heard Sri Rajesh Kr. Singh for the petitioner and Sri Chitranjan Sinha Sr. Advocate for the opposite party.

(2.) This civil revision application is directed against the judgment and decree dated 8.8.02 passed by the 2nd Addt. Munsif, Muzaffarpur in Eviction Suit No. 25/93 by which he has decreed the Eviction suit and has directed the tenant petitioner to hand over the suit premises to the landlord within a period of 60 days from the date of the said decree.

(3.) Plaintiff filed the instant suit for eviction asserting that she and three of her sisters in law purchased the suit property by virtue of sale deed dt. 31.5.71 Exhibit 3. The plaintiff and the three sister in law came in separate possession of their purchased interest in the property. Plaintiff thereafter developed her portion of the purchased property and raised 3 rooms over the same. In December 1975 those 3 rooms were let out to the defendant petitioner who is the son of Kamla Devi the sister in law of the plaintiff and one of the purchasers of the part of the purchased property under aforesaid sale deed dt 31.5.71 Exhibit 3. Pursuant to the aforesaid arrangement rent was paid until April 1992 whereafter rent has not been paid. The husband of the plaintiff who has his grain business in the premises of the market committee located in the Market yard Muzaffarpur later became sick and desired to shift his business from the premises of market committee located in the market yard to the tenanted premises. The elder son of the plaintiff was also unemployed and wanted to establish an oil mill as such the tenanted premises was required by the plaintiff to accommodate both the husband as also the unemployed son by establishing another business. When the aforesaid necessity arose, a request was made to the defendant to vacate. On his refusal to do so, present eviction suit was filed praying interalia to evict the defendant on the ground of personal necessity of the landlady and her husband and the unemployed son.