JIWAN SHAH Vs. KESHAV PD. AGRAWAL

JUDGEMENT

(1.) HEARD Mr. Ashok Kumar Sinha, the learned counsel appearing on behalf of the petitioners and Mr. J.P. Bhagat, the learned counsel appearing on behalf of the opposite party No. 1.

(2.) TAKING exceptions to the judgment and order dated 19.04.2011 passed by Munsif -I, Darbhanga in Eviction Suit No. 27 of 1990 the substituted heirs of the original defendant have filed this revision application under the proviso to Section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'B.B.C. Act').

(3.) THE defendant, after obtaining the leave to contest the suit, filed his written statement specifically asserting his own right, title and possession over the suit premises. The defendant denied his possession over the suit premises as tenant of the plaintiff and asserted that he had been paying the municipal tax for the suit premises and getting the rent receipts from the municipal corporation as owner thereof. It was the specific case of the defendant that he had acquired the ownership of the suit premises over holding No. 123 by adverse possession. The defendant also contested the case of the plaintiff that he had executed the Kirayanama on 31.08.1966 for taking suit premises on rent from the plaintiff on monthly rental of Rs. 4/ -. The defendant further also denied to be defaulter as alleged by the plaintiff asserting that as he was the owner of the suit premises and there was no reason for payment of rent to the plaintiff. It was also the case of the defendant that the Kirayanama and the counterfoil of the rent receipts claimed to be bearing his signature were all false and fabricated documents. The defendant also denied the case of the personal necessity as pleaded by the plaintiff and had asserted that Keshav Pd. Agrawal, son of the plaintiff was already in employment.