BHAGWATI PRASAD Vs. BABULAL BATHWAL

JUDGEMENT

(1.) This is an appeal by Bhagwati Prasad against whom an order of eviction passed by the House Controller is being executed under Section 17, Bihar Buildings (Lease, Kent and Eviction) Control Act, 1947. The Courts below have given ail the facts of the case in detail, and I need not repeat him. Shortly stated, respondent Babulal Bathwal is the owner of a house in mahalla Bara Bazar in Katihar Town. There are three blocks in that house. The eastern block is, and has been, in the possession of the landlord, Babulal Bathwal, himself. The middle, block was in the possession of Ghugli Sah and others as tenants. The western block was in the possession of appellant Bhagwati Prasad as a tenant. The respondent filed two applications for eviction of his tenants, one against Ghugli Sah and others, which was numbered as Case No. 38 of 1948, and another against the appellant, which was numbered as Case No. 37 of 1948. The ground on which he prayed for eviction of the tenants was that he needed the two blocks because his sons had grown up, and it way proposed that they should open shops in those blocks. I am not concerned in this appeal with the case against Ghugli Shah and others.

(2.) So far as the appellant is concerned, it appears that he is in possession of one room, which is used as a shop, another from which is used as stock room and a verandah. It appears that, originally, only one room was let out to the appellant on a rental of Rs. 11/- per month. Subsequently, the other room and verandah were added, and the rent was enhanced by agreement of the parties to Rs. 35/- per month.

(3.) The House Controller passed an order for eviction of the appellant. When the matter went up to the Commissioner, he set aside that order and remanded the case for proper enquiry. Thereafter, the House Controller again passed an order for eviction of the appellant. That order has been confirmed by the Collector and the Commissioner. It is that order which the respondent has put in execution under Section 17 of the Act, referred to above.