PRABHUNATH PRASAD Vs. BIRENDRA SAH

JUDGEMENT

(1.) Heard learned counsel for the appellants. Learned counsel for the respondents is also present.

(2.) This is plaintiff's appeal against the judgment and decree of affirmance dismissing the suit for eviction filed against the defendants.

(3.) The plaintiff (since deceased through L.R.) filed the suit praying for a decree of eviction against the defendant on the ground of personal necessity of the suit premises. It was the case of the plaintiff that 5 katha 8 dhurs of plot no. 2509 of khata no. 305 was the ancestral land of the plaintiff in which after partition, the plaintiff was allotted the land to the extent of 1 katha 7 dhur towards south in which he constructed a room. It was further the case of the plaintiff that the defendant was inducted in the suit premises as tenant since before 20 years at the monthly rent of Rs. 20/- which was subsequently enhanced to Rs. 60/-. The plaintiff filed the suit praying for eviction of the defendant asserting his bona fide personal requirement for the suit premises for establishing his son in business by opening a ready-made garment shop in the suit premises.