DEVENDRA PRASAD Vs. KRISHNA KUMAR BHALOTIA

JUDGEMENT

(1.) THIS civil revision application, at the instance of the defendant is directed against the judgment and decree dated 20th January, 1997 passed by 7th Additional District Judge, Munger in Eviction Appeal No. 9/93 whereby and where under he reversed the judgment and decree dated 6.3.93 passed by Munsif, Sheikhpura in Eviction Suit No. 1/86

(2.) THE plaintiff opposite party filed title eviction suit no. 1/86 in the court of Munsif, Sheikhpura for eviction of the defendant petitioner on the ground of personal necessity. The suit was proceeded under the procedure provided under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act). The case of the plaintiff petitioner, inter alia, is that the disputed plot bearing khesra no. 2888 having area of 101/4 decimals which is part of 31% decimals of land belonged to three brothers namely Sri Prasad, Rameshwar Prasad and Uma Kant Lohani. In the year 1964 by virtue of registered deed of partition dated 8.7.1964 the plot in question was partitioned and one of the broker namely Sri Prasad was allotted 1/3rd share, while Umakant Lohani and Rameshwar Prasad were jointly allotted 2/3rd. share of the suit land. The. plaintiff 's further case is that after sometime Umakant Lohani and Rameshwar Prasad partitioned their property whereby Umakant was allotted his share towards the east and south of Rameshwar Prasad. The plaintiff purchased a portion of the building standing on the said plot from Rameshwar Prasad by registered sale deed dated 10.1.85. The plaintiff 's further case is that the defendant was in occupation of the said plot as a tenant under Rameshwar Prasad. The plaintiff alleged that he purchased the suit plot for his own personal necessity and he requires the premises for doing cloth business.

(3.) BEING aggrieved by the said order the plaintiff opposite party preferred eviction appeal no. 9/93 which has been allowed by the Additional District Judge, Munger in terms of impugned judgment dated 20th January, 1997. Hence this civil revision application by the defendant petitioner.