HINDUSTAN PETROLEUM CORPORATION Vs. RAJESHWAR PRASAD

JUDGEMENT

(1.) This Civil Revision has been filed under the proviso to Sub-section (8) of Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'Act' for the sake of brevity) by the defendants against judgment/order of their eviction dated 12.08.1999 by which the learned Munsif, I, Hajipur (Vaishali) decreed Eviction Suit No. 01 of 1999 which was filed by the sole opposite party.

(2.) The aforesaid suit was filed by the sole opposite party for eviction of the petitioners (defendants) on the grounds of expiry of the fixed period of lease as well as personal necessity of the landlord (opposite party) with respect to the suit premises for opening a business of his family.

(3.) The claim of the plaintiff-opposite party was that the suit property was purchased by the plaintiff from the original owner Ram Khelawan Rai by registered sale deed dated 14.08.1959, whereas the adjacent, northern land was purchased by plaintiff's brother Shyam Prasad and they started a petrol Dump outlet in partnership in the said purchased premises. Plaintiff also averred that subsequently by a deed of lease dated 30.5.1962 (Ext-2) they leased their property to Caltex India Limited and the said deed of lease was signed by the aforesaid Shyam Prasad and Rajeshwar Prasad (plaintiff) as well as by the then Manager of the said Company on its behalf. It was also plaintiff's claim that the said lease was for only a period of ten years and its rent was fixed at Rs. 210.00 per month payable by the 5th of every succeeding English calendar Month which was subsequently enhanced to Rs. 327.00 per month.