NARENDRA KUMAR CHOUDHARY Vs. DURGA PADA CHATTERJEE

JUDGEMENT

(1.) THIS civil revision petition has been preferred against the judgment and decree dated 22.5.1989 passed by Shri Uma Shankar Prasad Singh, Additional Munsif, 1st Court, Dhanbad, in Title Suit No. 46 of 1985 whereby decree for eviction was passed against the defendants petitioners.

(2.) THE plaintiffs filled the above mentioned eviction suit under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (the Act) on the ground of personal necessity as envisaged under Section 11(1)(c) of the Act. Originally one Shailendra Nath Gupta (hereinafter to be referred to as 'Gupta') was holding the laud as a sub tenant under Mahtos and that Gupta had inducted the defendants petitioners as tenant in the suit promises on a rental of Rs. 100/ per month. Gupta was being paid all rent by the defendants petitioners. In the year 1984, Gupta sold the land and the houses to the plaintiffs opposite parties under registered sale deed dated 20.11.1984 and information to that effect was also given to the defendants petitioners.

(3.) THE defendants by filling their written statement challenged the ownership of the plaintiffs opposite parties in the suit house as according to them, their vendor Gupta was only a dar raiyat and he had no authority to sell the property as dar raiyati right is neither heritable nor transferable. Their further case is that under the Bihar and Reforms (fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter to be referred to as 'the Ceiling Act'). The defendants being the purchaser of the contiguous plot of land demanded the said plot of land on the ground of pre emption and although their case was allowed by the Lower Revenue Authorities but the Board of Revenue has rejected their claim and the decision of the Board of Revenue is now pending before the Patna Bench of this Court. He has also contested regarding the bonafide necessity as alleged in the plaint.