SAT PAL SINGH BHATIYA Vs. BASANTI DEVI

JUDGEMENT

(1.) THIS Civil Revision has been filed by the defendant -petitioner under the Proviso to Sub -section (8) of Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as "the Act' for the sake of brevity) challenging the order of his eviction passed by learned Munsif -II, Rohtas vide judgment and decree dated 16.09.2005 in Eviction Suit No.10 of 2001.

(2.) THE aforesaid suit was filed on behalf of plaintiff -opposite parties for eviction of the sole defendant -petitioner from one shop room situated in Dehri -on -Sone on the ground of personal necessity of the plaintiffs, out of whom plaintiff No. 1 was the wife of plaintiff No. 2. The claim of the plaintiffs was that the suit premises belonged to plaintiff No. 2, who is an old person and hence his wife, namely, plaintiff No. 1 had been receiving rent on his behalf. It was also claimed that the plaintiffs had a son, who was unemployed, whereas, plaintiff No. 1 had training in sewing and stitching and she wanted to open her Ladies Corner Shop with the help of her said son in the suit shop as the plaintiffs were running in serious financial trouble at Nasriganj.

(3.) AFTER pleadings were complete, the following issues were framed by the trial court: