KALYANIBHAN Vs. ROQUIA PARVEEN YUNUS

JUDGEMENT

(1.) In this civil revision-application defendants-petitioners have challenged the judgment and decree, dated 16.8.94 passed by the learned Munsif-III, Patna in Title Eviction Suit No. 36 of 1991 whereby the suit for eviction filed by the plaintiff-opposite party has been decreed. The plaintiff filed a suit for eviction on 8.5.91 being Title Eviction Suit No. 36 of 1991 under Section 11(1) (c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act'), for eviction of the defendants-petitioners from the suit premises on the ground of personal necessity.

(2.) The case of the plaintiff, in short, is that by virtue of a sale-deed 15.12.71 executed by Md. Yahiya Yunus through his Attorney, the plaintiff became absolute and accordingly, the defendants denied the bona fide need of the plaintiff.

(3.) On the basis of the pleadings of the parties, the Trial Court framed the following six issues :