MANI LAL Vs. INDRA SAO

JUDGEMENT

(1.) THIS Revision petition has been preferred under Section 14(8) of the B.B.C. Act against the judgment and decree dated 25.8.1995 passed by the then Munsif, Ranchi in Title Suit No. 6/92.

(2.) THE plaintiff Opposite party filed the abovementioned suit under Section 14 of the B.B.C. Act for eviction of the petitioner on the ground of his personal necessity as he required the entire tenanted premises for using the same as approach to the inner portion of his house. The suit premises is a portion of old Holding No. 352 and new holding No. 498 within Ward No. 2 of Ranchi Municipal Corporation situated at Mahabir Chowk, Upper Bazar, Ranchi. According to the plaintiff, as per registered deed of partition dated 25.11.1991 the plaintiff and his brother separated themselves and the suit premises had fallen into his share. The defendant was a tenant at the rental of Rs. 40/ since before partition in the suit premises. According to the plaintiff, he was feeling much inconvenience for ingress and outgress to his residential premises on the back of the suit premises as there was no passage. He is now using the common passage with his elder brother, but the brother who has been separated by the partition deed is raising objections for using the common passage and was asking the plaintiff to get his own passage and as such the plaintiff requires the suit premises for his own use and occupation. According to the plaintiff, after the partition, the defendant was informed by lawyer's notice dated 17.12.1991 and the defendant was attorned to the plaintiff and he also accepted the attornment by a written notice dated 10.1.1992. According to the plaintiff, the defendant has paid rent upto 1st January, 1992. The suit has been filed for personal necessity of the plaintiff.

(3.) ON the basis of the pleadings, following issues were framed: