MAHESHWAR PRASAD SHARMA Vs. SHOBHA DEVI

JUDGEMENT

(1.) THIS revision by the defendant under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short 'the Act') arises from an order of eviction passed by the Munsif Sadar (East), Muzaffarpur, in Title (Eviction) Suit No. 9 of 1985.

(2.) THE opposite party and her mother Deo Sarani Devi (original plaintiff No. 1, since dead) filed the aforementioned suit for eviction of the petitioner from the suit premises situate at Diwan Road. Kalyani Bara, in the town of Muzaffarpur, on the ground of personal necessity. According to the plaintiff, the suit premises originally belonged to Rash Bihari Lal, who died in the year 1965 leaving behind two widows Saraswati Devi, since dead, and Deosarani Devi, and one daughter Shobha Devi, plaintiff No. 2, opposite party herein, born from Deosarani Devi. After his death, the entire property including the suit premises devolved on the two widows and the said daughter. On 14.12.70 Saraswati Devi executed a registered deed of gift transferring her half share in the properties in favour of Deosarani Devi. The two plaintiffs, thus, became the absolute owner of the properties including the suit premises. Saraswati Devi later died in the year 1978. The petitioner, in the meantime, had been inducted as tenant in the suit premises on monthly rental of Rs. 60 in the year 1963. He paid rent to Smt. Saraswati Devi as she was the seniormost member of the family, and continued to do so upto November. 1977, whereafter he stopped paying rent. It may be stated here itself that the plaintiff filed a separate suit for eviction on the ground of defaulter being Title (Eviction) Suit No. 11 of 1985, which is still pending.

(3.) THE parties led evidence oral as well as documentary in support of their respective case. The Court below by the impugned judgment and order has decreed the suit and directed the petitioner to vacate the premises within period of 60 days of the order.