SHYAM SUNDER KISHAN LAL Vs. SAJJAN KUMAR SINGHANIA

JUDGEMENT

(1.) THIS Revision petition under Section 14 (8) of the Bihar Buildings lease, Rent and Eviction) Control Act has been filed by the abovenamed defendants -petitioners against the judgment and order dated 24. 1. 1994 passed by Shri S. N. Singh, Munsif, Ranchi in Eviction (Title) Suit no. 51 of 1992 whereby and whereunder the Eviction suit was decreed in favour of the plaintiffs-Opposite Parties for eviction of the defendants- petitioners on the ground of personal necessity of the plaintiffs-Opposite parties.

(2.) THE facts of the case run as follows. One Jhabarmal Singhania was admittedly the owner of the suit p'remises described in the schedule of the plaint in the abovementioned Eviction suit alongwith other lands and during his life time, the defendants have been inducted as tenants on monthly rent in the suit permises comprised of three kathas 111/2 chattak within municipal survey plot nos. 1772, 1773, 1774, 1775, 1786 and 1826 corresponding to Muncipal holding no. 925 (old) New Holding no. 1304 within ward no. 11 (Old) new Ward no. VI of ranch! Municipal Corporation situated at upper Bazar, Ranchi. Before the death of jhabarmal Singhania, he executed a deed of trust in respect of his properties as he was childless, but afterwards he changed his mind and executed a registered Will on 22. 8. 1960 and it is the case of the plaintiffs that all his properties have been bequeathed by the will in favour of Parmeshwar Lal Singhania, predecessors-in-interest of the plaintiffs and their uncle Hanuman prasad Singhania. As per terms of that Will front portion of the properties being shop premises alongwith godown and Chabutra on the ground floor of the building were given absolutely to Parmeshwar Lal Singhania father of the plaintiffs and the back portion after the godown was given to the uncle Hanuman Prasad Singhania and the wall in between the rooms was in joint possession of both the beneficiaries. It is the case of the plaintiffs that after the death of jhabarmal Singhania, their father Parmesh-warlal Singhania applied before the Judicial commissioner, Ranchi for grant of letters of administration, according to the Will, which was registered as Case no. 57 of 1971 and the case was disposed of on 1. 7. 1975 by grant of letter of administration in terms of the judgment and by this the plaintiffs' father became the absolute owner with respect to the properties bequeathed in his favour by the Will. Afterwards on 9. 5. 1992 the father of the plaintiffs died leaving behind the plaintiffs as his sons and legal heirs who inherited the properties left by their father including that of suit properties, by virtue of Will of Jhabarmal Singhania and letters of Administration granted on 1. 7. 1975. Thus according to the plaintiffs after the death of Parmeshwarlal Singhania, who was the landlord during his life time, as per the Will and letter of Administration, the plaintiffs became the owners and landlords within the meaning of Section 2 (f) of the bihar Buildings Control Act with respect to the portion of the building premises alongwith the suit property. The rooms in possession of the defendants consists of one shop room, one godown and a chabutra as described in the Schedule of the plaint and the defendants were possessing the same as a monthly tenant on payment of rent of Rs. 12/- per month, in consequence of determination of fair rent at the instance of the defendants, by order of subdivisional Officer-cum-Rent Controller in the year 1976. It has further been stated in the plaint that instead of making payment of rent either hand to hand or by money or, ders to the plaintiffs, the defendants are depositing the monthly rents in the Treasury on false pretext that the rent of the suit premises are being demanded by other persons also. It is their further case that defendants have never paid nor tendered rent of building premises since October, 1971 upto the date of filing of the suit, but for the present they are filing the suit for eviction of the defendants on the ground of personal requirement and they are reserving their right to file a separate suit on the ground of default in payment of rent.

(3.) THE suit for eviction was filed as according to the plaintiffs, the suit premises were required for their own use and occupation as the sons of the plaintiffs are doing business of commission and brokers in a rented premises belonging to one bhagwandas situated at Upper Bazar, ranchi on rent but they were being pressed by their landlord for vacating their rented premises and as such for doing business by the plaintiff no. 1's son, they are desirous of getting the suit premises vacated. Other grounds of personal necessity have also been pressed such as plaintiff nos. 2 and 4 are doing business in partnership alongwith plaintiff no. 1 in another premises and Ratan Kumar Singhania one of the plaintiff is sitting idle and he is keen of establishing a separate business of IV. sets in a portion of the suit premises. It has also been stated that due to paucity of accommodation in the existing premises the plaintiffs are not in a position to arrange marriage of two major sons of Padamda singhania, one of the plaintiff. Some more grounds have also been taken for eviction of the suit premises on plea of personal necessity.