PRABHAT KUMAR BHATIA Vs. RAM PRAVESH SINGH

JUDGEMENT

(1.) Defendant is a tenant of a first floor of the building. The plaintiffs filed a suit for ejectment on the ground of bonafide requirement for personal need. The plaintiff's contention was accepted by the two Courts below and in the consequence the second appeal has been filed by the defendant.

(2.) There is no controversy between the parties in regard to the facts of the case. The building in dispute is a double storeyed structure. It originally belonged to the wife of plaintiff who died leaving behind plaintiff No. land a daughter. The suit had been filed by both the heirs of the erstwhile owner of the property. Defendant was a tenant of, the first floor of the building whereas the ground floor was vacant and was in possession of the landlord plaintiff No. 1 who was employed as a professor of Geography in the Magadh University at Bodh Gaya. He retired from the said post on 1.12.1978. The suit was instituted on September 12, 1978 and sometime after the said date the ground floor of the building was let out by the plaintiffs to another tenant.

(3.) In the plaint it was stated that after his retirement plaintiff No. 1 intended to reside on the first floor of the building and to let out the ground floor in order to supplement his income after retirement. It may be stated that the ground floor of the building was let out by the plaintiffs to the Co-operative Department on a monthly rent of Rs. 800/- per month where defendant appellant was paying only Rs. 150/- for the first floor of the building.