BAIDYANATH RAI Vs. KIRAN SINHA

JUDGEMENT

(1.) THIS civil revision has been filed by the defendant -petitioner under the Proviso to Sub -section (8) of Section 14 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity) challenging the order of his eviction passed by the learned Munsif -III, Patna vide his judgment dated 22.05.2008 decreeing Eviction Suit No. 51 of 2001.

(2.) THE aforesaid eviction suit was filed by the plaintiffs -opposite parties for eviction of the sole defendant -petitioner from the suit premises, namely, a shop measuring 18'x13' having its 13' wide opening, situated in R.K. Avenue, Nala Road in the town of Patna for their personal necessity. The claim of the plaintiffs was that the suit premises was allotted to late Surendra Naraian, the predecessor of the plaintiffs in family partition between him and his brothers. It was also claimed that the defendant was a tenant of the plaintiffs with respect to the suit premises on monthly rent of Rs. 500.00. It is claimed by the plaintiffs that the suit shop was required for plaintiff No. 4 Manoj Kumar, who was unemployed and was sitting idle and intended to start his furniture business in the suit premises.

(3.) AFTER considering the pleadings of the parties, the learned trial court framed following issues for deciding the suit, which are as follows: