(1.) This civil revision under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control, Act 1982 (in short, BBC Act) by the defendants arises from an order of eviction passed by the Munsif, Patna City against them in Title Eviction Suit No. 63/89.
(2.) The plaintiff-opposite party filed the afore-mentioned suit for eviction of the petitioners on the ground of personal necessity in terms of Section 11(1)(c) of the BBC Act. The suit was tried according to the special procedures laid down in Section 14 of the said Act. According to the plaintiff, the suit premises having area of 52" x 76" situate at Jhauganj in Patna City was allotted to his share in private partition in the family on 25.12.1969. His name was accordingly mutated in the records of the Patna Municipal Corporation. The petitioners who were tenants in the premises from before started paying rent to him. After the partition the plaintiff started living along with his family members in a rented premises owned by Sudama Devi at Hanuman Nagar. The rented accommodation is not only unsuitable but the landlady was putting pressure on him to vacate the premises. Hence this suit. The petitioners filed affidavit seeking leave to contest and, after the same was granted, written statement stating, inter alia, that the story of private partition was false. The family was possessed of several houses in Patna and, therefore, the so-called need of the plaintiff was not bona fide. The petitioners also denied that the plaintiff was living in a rented house.
(3.) The Court below has accepted the case of the plaintiff and decreed the suit directing the petitioners to vacate the premises within two months of the order.