ARJUN DAYAL JAISWAL Vs. ANIL KUMAR

JUDGEMENT

(1.) This civil revision application under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act by the tenant who has been ordered to be evicted from a shop premises measuring 10 feet / 7 feet on the ground of bonafide personal necessity of the landlord as envisaged under Section 11(C) of the Act. The Trial Court has considered in detail the evidences and come to a clear finding that the bonafide necessity of the plaintiff-landlord has been established as by law required and he has considered the question of partial eviction and taken into account the nature of business that the plaintiff intends and the area of the premises in question held that partial eviction will not subserve the purpose of the plaintiff. Thus the suit was decreed. There be(sic)no appeal provided under the Act, the present revision application in terms of Section 14(8) of the Act has been filed.

(2.) Sri Parmeshwar Prasad, learned senior counsel appearing on behalf of the tenant-petitioner has primarily raised, three issues:

(3.) The submission of the, learned Counsel is that in view of the aforesaid the suit ought to have been dismissed, if not the petitioner ought to be only partially evicted.