RAMCHANDRA PRASAD BHAGAT Vs. JAGDISH PRASAD MISHRA

JUDGEMENT

(1.) This Revision petition has arisen under Section 14 (8) of the Bihar Buildings (Rent, Lease and Eviction) Control Act, 1982 (hereinafter referred to as the Act) against the judgment and decree for eviction passed by the Munsif at Daltonganj in Title (Eviction) Suit No. 15 of 1993.

(2.) The Opposite Party-plaintiff filed the above mention suit on the ground of necessity for setting up his son Bishny Dutt Mishra in wholesale medicine business in the suit premises. According to the plaintiff there was no other suitable accommodation and commodious place to set up his aforesaid son for carrying on his wholesale business of medicine. It was contested by the defendants-petitioners assailing that the Opposite Party was not the landlord and owner of the building in question and that the Opposite Party did not reasonably and in good faith required the building for the use and occupation of his son. According to the defendant-petitioner, it was merely a devise to evict the petitioners. It was further alleged in the written Statement that the Opposite Party had divided the shop in his occupation into two parts and let to one M/s. Shree Ram Bastralaya. It was further contended that the Opposite Party had let out different parts of the building which were lying vacant for business purposes to M/s. Mansingh and M/s. Gurdayal Singh. It was also asserted that the Opposite Party's son Bishnu Dutta was not sitting idle and was the partner of M/s. Jagdish Bastralayas, the partnership firm of Opposite Party and his family members Originally only defendant No. 1 was the party, but after written statement was filed, defendant Nos. 2 and 3 were also made parties to avoid any difficulty in the Eviction decree being executed.

(3.) The plaintiff's case is that the suit shop house is situated within Khas Mahal building having Holding No. 236 and it was jointly owned by the father of the plaintiff, namely Bhikhari Mishra and his uncle Sukhdeo Mishra. The father of the plaintiff died in the year 1962 and wife of Sukhdeo Mishra also died in 1964 in the estate of jointness. Sukhdeo Mishra died issueless in 1983 leaving behind the plaintiff as the legal representative and as such the plaintiff became the owner of entire Khas Mahal holding. It is a double storied building and the suit premises is of one part of the ground floor. The defendants were inducted in the suit by Sukhdeo Mishra, uncle of the plaintiff for carrying on business of cloth. The plaintiff also carrying business of cloth in a portion of the suit building in the name and style of M/s. Jagdish Bastralaya. According to the plaintiff, the tenanted premises of the defendant is big in comparison of the shop held by the plaintiff. The defendants have also taken on rent one room on the first floor of the said building for gbdown purpose and separate tenancy is there in respect of that godown room. The plaintiff scase is that his son Bishnu Dutt Mishra is under graduate and is sitting idle for a long time and he wants to set up a wholesale medicine shop in the premises of suit, which is legally situated and he made request to the defendant to vacate the suit premises but the defendants did not pay heed to it and hence the suit was filed.