MAQSOOD HASAN Vs. SUDAMA PRASAD JAISWAL

JUDGEMENT

(1.) The defendant-petitioner has filed this revision petition under Section 14(8) of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as "B.B.C. Act") against the judgment and decree dated 21.05.2014 and 02.06.2014, respectively passed in Eviction Suit No. 14 of 2009 by the learned Munsif-I, Chapra, Saran by which and whereunder he decreed the above stated suit ordering the defendant-petitioner to vacate the disputed shop and hand over possession of the disputed shop to plaintiff-opposite party within sixty days failing which the plaintiff-opposite party shall be at liberty to get the possession of disputed shop through the process of the court.

(2.) The plaintiff-opposite party filed aforesaid Eviction Suit No. 14 of 2009 against the defendant-petitioner seeking relief of eviction of defendant-petitioner from the shop as detailed in Schedule- 1 of the plaint on the ground as mentioned in Section 11(1)(c) of B.B.C. Act.

(3.) The plaintiff-opposite party averred in his plaint that the disputed shop situate on the ground floor of Harihar Market and apart from the aforesaid disputed shop, there are several other shops on the ground floor of aforesaid market. The defendant-petitioner was tenant of disputed shop no. 3 on the monthly rent of Rs. 533/-. The plaintiff-opposite party claimed himself to be owner of aforesaid shop and he needed the aforesaid shop for his sons who are unemployed and want to run a medical shop in the above stated disputed shop but even on several requests defendant-petitioner refused to vacate the aforesaid shop and also stopped giving rent to him. The plaintiff- opposite party sent a legal notice on 07.07.2009 to defendant- petitioner asking him to vacate the disputed shop but the defendant- petitioner neither vacated the shop nor gave any reply to the above stated legal notice and thereafter, plaintiff-opposite party filed the above stated Eviction Suit No. 14 of 2009.