ADHIR KANTO MOITRA Vs. RAKHI BISWAS

JUDGEMENT

(1.) The Plaintiff-Opposite party filed Title (Eviction) Suit No. 9 or 1990 for eviction of the defendant petitioner from the suit house described in detail in schedule A to the plaint from her personal necessity under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as "the Act" for short).

(2.) According to the plaintiff, she has purchased the suit house by registered sale deed dated 14.8.1988, where in the defendant was a tenant from before. Her husband is aged about 56 years and is a practising advocate and there was no other house either belonging to the plaintiff or her husband at Dhanbad. Her husband was experiencing great difficulty in attending court from village Lakurka, which was at a distance of 25 Kms. from Dhanbad court. Her eldest son was also attending school at Akusa near Dhanbad from the village covering a distance of 20 Kms. and was experiencing serious inconvenience. As such the plaintiff required the suit house for her bonafide need and occupation of her family members. The plaintiff further pleaded that partial eviction of the defendant would not serve her purpose in view of the fact that besides residential accommodation her husband has also to shift his office and library and a garage for car was also required.

(3.) In the written statement, the defendant pleaded, inter alia, that the husband of the plaintiff ordinarily practices at Chas and resides in his native village. He seldom comes to Dhanbad court. There was absolutely no inconvenience either to the husband of the plaintiff in attending court or her eldest son in going to school. The plaintiff did not require the suit premises for the bonafide need of her family. Alternatively, her requirement, if any, can be fully satisfied by partial eviction of the defendant, as the premises has got more or less 2-1/2 Katha land consisting of three rooms, a Veranda in the front besides latrine, bathroom and kitchen as well as vacant land in back and only two rooms plus a kitchen and bathroom would serve her purpose.