DAUJEE AGRAWAL Vs. KANHAIYA LAL SARWGI

JUDGEMENT

(1.) This revision application is directed against the judgment dated the 31st August, 1987, passed by Sari Md. Mustaquim, Munsif, 1st. Court, Saran, Chaapra, in Eviction Suit No. 46 of 1986, whereby and whereunder the said learned court granted a decree for eviction in favour of the plaintiff-opposite party and as against the defendant-petitioner on the ground of existence of personal necessity.

(2.) The facts of the case lie in a very narrow compass.

(3.) The plaintiffs-opposite party admittedly is the owner of a shop-room being part of Holding No. 170 appertaining to Ward No. 2, Circle No. 14 situate in Mohalla Sahebganj in the town of Chapra. The said shop premises has been described in details in the Schedule appended to the plaint as also a copy of the plan annexed thereto. The petitioner in this Civil Revision application has also annexed a copy of the plan which was prepared for addition and alteration to the existing house and shop of opposite party No. 2. The plaintiffs in the plaint stated that their residential house is situate in the northern part of the holding No. 170 of Ward No. 2, Circle No. 14 situated in Mohalla Sahebganj and in the southern part thereof there are two big rooms attached to each other on the ground floor in which the defendant is a tenant. The plaintiffs have further asserted that contiguous west of the aforementioned shop there is a Gali leading to the residential house of the plaintiffs. In the first floor, there exists a room which is used by the plaintiffs as an office. It is admitted that the defendant-petitioner was a monthly tenant in respect of the premises on a monthly rental of Rs. 250.