MUSTAQEEM ALIAS MD MUSTAQEEM Vs. AKHILESH KUMAR

JUDGEMENT

(1.) THIS Civil revision application under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, has been filed by the defendants -petitioners against the judgment and decree dated 21.12.1996 passed by the Munsif, Biharsharif, in Eviction Suit No. 13 of 1995, whereby he decreed the suit for eviction of the defendants from the suit premises.

(2.) THE plaintiffs -Opposite parties instituted the aforesaid suit for a decree of eviction on the ground of bona fide personal necessity. The plaintiffs' case, in short, is that plaintiff Nos. 1 and 2 Akhilesh Kumar and Lai Bahadur Shastri passed B.Sc. and B.A. Hons. examination in 1984 and 1994 respectively and plaintiff No. 3 Niraj Kumar passed the matriculation examination in 1988 but they are unemployed and they have been sitting idle. All the three brothers wanted to start their separate business under the guide of their father and their elder brother Chandra Shekhar Prasad. It is stated that the suit premises consists of two inter connected shops in which the plaintiff No. 1 wants to start a cloth shop and for the requirement of plaintiff Nos. 2 and 3 a separate eviction suit has been filed against two other tenants. The plaintiffs further case is that the plaintiffs are members of the joint family under the managership of their father who became old. The plaintiffs pleaded that they have purchased the suit premises from Dr. Bhuvnesh Kumar for their personal use and occupation. The defendants -petitioners appeared in the suit and after obtaining leave to contest the suit filed written statement denying and disputing each and every allegation made in the plaint. The defendants' case is that the plaintiffs' father being the manager of the joint family is looking after all the family affairs. The cultivation is being looked after by the husband of plaintiff No. 4 and the business are being looked after by the plaintiffs and none of the plaintiffs are unemployed. They all are engaged in potato and onion business which is carried on in holding No. 162 of Mohalla Sohsarai near Kisan Cold Storage. The defendants further alleged that the plaintiffs have various shops and houses in different parts of the Biharsharif town and they have other vacant shop in the market complex where this shop in question is situated.

(3.) THE learned Court below after considering the pleadings of the parties and evidence, both oral and documentary came to the finding that the plaintiffs required the suit premises for their own use and occupation as the plaintiffs are sitting idle. The trial Court, therefore, decreed the suit holding that a decree for partial/eviction will not satisfy the need of the plaintiffs. Hence this Civil revision application by the defendants.