SACHIDA NAND PRASAD Vs. SAVITRI SAHAY

JUDGEMENT

(1.) This Civil revision application under S. 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, is directed against the judgment and decree dated 5-7-1996 passed by the Additional Munsif I, Bhagalpur, in Title (Eviction) Suit No. 15 of 1991, whereby and whereunder the learned Munsif decreed the suit for eviction filed by the plaintiff-landlord on the ground of personal necessity.

(2.) The defendant-petitioner is a tenant in respect of portion of the premises bearing holding No. 29A, police Line Road in Ward No. 10, situated at Bhagalpur Kutchery Road. The said premises henceforth shall be referred to as suit premises which consists of 3 rooms, one covered verandah cum room, inside verandah, kitchen, store, latrine with bath room and the court-yard in the ground floor of the premises.

(3.) The plaintiff instituted the aforementioned suit for eviction stating inter alia that the defendant-petitioner is in occupation of the tenanted premises on a monthly rental of Rs. 800/-. The plaintiff' case is that there had been a partition between the family members whereby the plaintiff got the ground floor of the building while her three sons, namely, Ajit Sahay, Rajesh Sahay and Sanjiv Sahay have got other portions of the buildings. Further case of the plaintiff is that at present she is residing in a portion of the house which fell in the share of her youngest son Sanjiv Sahay, who expressed his desire to develop and use his share of the house under the occupation of the plaintiff and, therefore, she is under pressure to vacate the said premises to her son. The plaintiff alleged that she conveyed her requirement of the suit premises for her own use and occupation to the defendant on several occasions but the defendant did not pay any heed to the same. Hence the suit.