SITARAM CHAUDHARY Vs. BHAGWATI DEVI

JUDGEMENT

(1.) This civil revision application is directed against the order dated 29 -8 -1985 passed in Eviction Suit No. 36 of 1984 by the 1st Munsif, Darbhanga decreeing the suit of the plaintiff under Sec. 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act). Notices were issued to the opposite parties in the admission matter and the opposite parties have appeared through Mr. Chunni Lal, Advocate Heard Mr. Shreenath Singh for the petitioner and Mr. Chunni Lal for the opposite parties and this application is being disposed of at the admission stage.

(2.) The plaintiff -opposite parties had filed the suit for eviction on the ground of personal necessity. According to the plaintiff's case the plaintiff along with her three sons are at present residing in a rented house. The two sons of the plaintiff are running their wholesale business in a rented house in Mohalla Gullobara and her third son Anil Kumar Daruka has to be settled in some other business as he is sitting idle. The defendant -petitioner has his own house in Mohalla Saudagar and has also a shop in the market -yard Shivdhara. An affidavit was filed under Sec. 14 of the Act by the defendant -petitioner for grant of leave to contest the suit. Sec. 14 of the Act lays down a special procedure for disposal of cases of eviction on the ground of bonafide requirement. Sub -sections (4), (5) and (6) of Sec. 14, which are relevant for the purpose of this case read as follows:

(3.) The matter was taken up by the Court below and after considering the facts and circumstances of the case it refused to grant leave to the defendant -petitioner to contest the suit as in its opinion the plaintiff requires the suit premises for personal use reasonably and in good faith. The court below has directed the defendant -petitioner to vacate the suit premises within a month.