LAWS(PAT)-1997-5-10

ASHOK MOHAN GHOSH Vs. BISHNU PADA CHOWDHARY

Decided On May 01, 1997
Ashok Mohan Ghosh Appellant
V/S
Bishnu Pada Chowdhary Respondents

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioner abovenamed under Section 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) control Act, 1982 (the Act) against the judgment and decree dated 30.3.1996 passed by the Additional Munsif, 2nd court, Ranchi, in Eviction Suit No. 61/5 of 1990 94 whereby the learned court below has decreed the aforesaid suit and directed the defendant petitioner to hand over the vacant possission of the suit premises within two months next from the date of judgment.

(2.) THE plaintiff opposite party filed Eviction (Title) Suit No. 61/5 of 1990 94 in the court of Munsif, Ranchi, for decree of ejectment of the defendant petitioner from the suit premises on the ground of personal necessity alone as contemplated under Section 11 (1) (c) of the Act.

(3.) THUS according to the plaintiff, his personal necessity is bonafide and in good faith. It is also in the plaint that although there is a out house on the ground floor consisting of two rooms, Kitchen, bath room separated from main building by a distance but the same is not suitable for the plaintiff's requirement. Admittedly, the suit premises consists of three large rooms, two small rooms, one Kitchen and one bath rom and two Varandah whereas the first floor consists of two bed room, one drawing room, one study room, dining space, kitchen, a bath room and a balcony.