DEENA NATH PRASAD Vs. ROOPA DEVI

JUDGEMENT

(1.) THIS civil revision has been filed on behalf of defendant- petitioner under the Proviso to sub section 8 of Section 14 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity) against the order of his eviction vide judgment dated 29.03.2008 by which the learned Munsif, Sadar, Motihari, East Champaran decreed Eviction Suit No. 18 of 2002 and directed the defendant- petitioner to hand over the possession of the suit premises to the plaintiff- opposite party.

(2.) THE aforesaid suit was filed by the plaintiff-opposite party for eviction of the defendant-petitioner from the suit premises, which was a shop room, on the grounds of her bonafide personal requirement as well as the expiry of the fixed period of lease as per the deed of lease and for other ancillary reliefs.

(3.) THE plaintiff also claimed that her husband Kamta Prasad Jaiswal had died and she had only two daughters, who were married and were living with their respective husbands far away and hence for maintaining herself she wanted to start her own business in the suit premises with the help of her grand son (Nati) Prakash Chandra Jaiswal (PW.3), who was idle and was living with the plaintiff. It was also claimed that the income from the rent was not sufficient for her maintenance and daily expenses.