MEGHLAL RAM Vs. GYATRI DEVI BAGARIA

JUDGEMENT

(1.) The plaintiff is the appellant. His suit for specific performance of contract in respect of the suit property, detailed in schedule of the plaint filed against the defendants has been dismissed by the impugned judgment and decree dated 11.3.1994, passed by the Third Subordinate Judge, Giridih, in Title Suit No. 1 of 1991/4 of 1993.

(2.) According to plaintiff, he was carrying on his business in the suit premises as tenant of the vendors of the defendants 1 to 4 since December 1966. By registered sale deed dated 28.7.1978, the defendants 1 to 4 purchased holding No. 463 including the suit premises for a consideration of Rs. 35000/-. After purchase the defendants 1 to 4 had intention to sell the suit premises in order to earn profit.

(3.) The defendants 1 to 4 filed Eviction Suit No. 24 of 1979 under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 for evicting the plaintiff from the suit premises, which was decreed on 22.8.1989, by the Subordinate Judge, Giridih. Against the said eviction decree, the plaintiff preferred Title Appeal No. 16 of 1989, before the District Judge, Giridih.