JANARDAN SINGH Vs. ASEEM SUNDER DAS

JUDGEMENT

(1.) The petitioner has filed this revision application against the judgment and decree dated 27th January, 1996 passed by 2nd Munsif, Ara, in Eviction Suit No. 1/87 by which a decree for eviction has been passed against him.

(2.) The plaintiff-opposite party instituted the aforementioned eviction suit under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act (Bihar Act 4 of 1983) (hereinafter referred to as 'the Act') on the ground of personal necessity as well as expiration of the period of lease. The plaintiff also prayed for decree for eviction under Clauses (c) and (e) of Section 11 (1) of the Act and that he be put in possession of the suit portion of the premises which is northern half of Shop No.10 situate in Shyam Sunder Das Katra, Station Road, Nawada, Ara Town.

(3.) The case of the plaintiff is that on partition among the brothers northern half of Shop No.10 fell to his share, which is the subject-matter of dispute. The said shop was given on oral lease by the plaintiff to the defendant for one year on 1-1- 1985 on a monthly rental of Rs. 75/- per month and later for the said purpose, the defendant executed a memorandum of lease also and put his left thumb mark on it on 19-9-1985. The plaintiff himself is occupying Shop No. 11 and has his own godown of Iron Sheets in the same which does not satisfy his requirement and so he needed the suit portion. It is further alleged that when the defendant, in spite of expiry of the term of lease and demand by the plaintiff for possession, did not vacate the premises in question, the suit was filed.