KRISHNA KUMAR SINGH Vs. SATYA NARAIN PRASAD

JUDGEMENT

(1.) In this appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter to be called 'the Code'), the appellant original unsuccessful plaintiff, has assailed the judgment and decree passed by the first appellate Court, refusing an order for eviction against the respondent-defendant tenant on the ground that 'the building is reasonably and in good faith required by the landlord for his own occupation', which is a non-residential premises, in terms of the provisions of the Section 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter called as 'the BBC Act'), while dismissing the appeal and confirming the view of the trial Court in dismissing the suit.

(2.) The learned counsels for the parties are heard and the entire record has been examined and evaluated.

(3.) The eviction suit, bearing Eviction Suit No. 1 of 1995, came to be dismissed by the trial Court upon examination and appreciation of the evidence on record and holding that the original plaintiff landlord has failed to establish reasonable and "bona fide, requirement of the demise premises for the commencement of his own business. The learned first appellate Judge has, also, upon consideration of the facts and circumstances and the relevant provisions of law, found no substance in the appeal and confirmed and affirmed the view and the ultimate conclusion recorded by the trial Court in dismissing the suit of the plaintiff on the ground of the provisions of Section 11(1)(c) of the BBC Act. Hence, this second appeal under Section 100 of the Code.