J C ROY Vs. HALWANT SAHAI

JUDGEMENT

(1.) Defendant is the appellant. A suit was filed by Halwant Sahay as plaintiff for eviction of the defendant from a shop room. The suit was dismissed. He preferred an appeal which was allowed by the court below and the suit was decreed in has favour.

(2.) Halwant Sahay filed a suit against the defendant for his eviction on a number of grounds including one under Section 11 (1)(c) of the Bihar Buildings Lease, Rent and Eviction) Control Act, 1947 (the Act). During trial that ground was only pressed. The trial court held that Hal want did not require the building reasonably and in good faith and dismissed the suit. It may be noticed that Halwant Sahay wanted the said room for his son-in-law Rajendra for starting a shorthand and typewriting institute, The lower appellate court held that the necessity of Rajendra was the personal necessity of Halwant sahay within the meaning of law and decreed the suit.

(3.) On 22nd May, 1980 the following substantial question of law was formulated: