NIHAL CHAND Vs. MOHD ISLAM UDDIN

JUDGEMENT

(1.) In this civil revision filed under Section 14 (8) of the Bihar Buildings Lease, Rent & Eviction) Control Act, 1982 ('the Act' for short), the judgment and order dated 11- 3-1993 passed by Munsif-III, Patna in Title Eviction Suit No. 34 of 1989 has been assailed by the petitioner (defendant).

(2.) The opposite party instituted the suit for eviction of the petitioner (tenant) from a building bearing No. 336/321 situated in Mohalla-Muradpur, Patna alleging that the building was required bona fide for the use and occupation of two of his nephews (sister's sons), namely, Parwez Gani and Javed Gani, who intended to start a business (of embroidery) in that premises. The petitioner-defendant contested the suit after obtaining necessary leave to contest as provided under Section 14(4) of the Act and the learned court below after considering the evidence adduced has decreed the suit and has ordered the petitioner-defendant to vacate the suit premises and handover vacant possession of the same. It is not necessary to give any details of the facts of the suit for the disposal of this revision-petition because the contentions raised by the learned Counsel for the parties during hearing of this revision-petition do not relate to the finding of facts but on some other aspects which will be noticed hereafter.

(3.) Learned Counsel for the petitioner has assailed the decision by raising the following contentions : His first contention is that the suit had been brought only by solitary opposite party and he being a Mohammedan could not represent the interest of his nephews, Parvez Gani and Javed Gani, whose bona fide and reasonable requirement was alleged to be ground of eviction in the suit and so he was not competent to file the suit; and the suit ought to have been dismissed on this ground. In support of his contention on this aspect he has cited the decisions reported in A.I.R. 1936 Allahabad 94 Manni Gir v. AmarJoti Chela and another and Article, 41 of the Principles of Mohammadan Law by Mulla.