FAIYAZ AHMAD Vs. AMIR AHMAD

JUDGEMENT

(1.) THIS civil revision has been filed by defendants -petitioners under the Proviso to sub -section (8) of Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act ' for the sake of brevity) challenging order of their eviction passed by the learned Civil Judge, Junior Division -I, Siwan, vide judgment dated 18.2.2009 by which Eviction Suit No. 08 of 2006 filed by the sole plaintiff -opposite party was decreed. The aforesaid suit was filed by the sole plaintiff -opposite party for eviction of the defendants - petitioners from a shop room measuring 24 '3" x 10 ' situated in Mohalla - Naya Bazar in the town of Siwan.

(2.) The plaintiff claimed that he was the owner of the suit property and earlier the father of the defendants were his tenants in the said shop room and now after his death the defendants are his tenants at the rent of Rs. 700 per months. It was also claimed by the plaintiff that his son was sitting idle and he wanted to start his own business in the said shop room and hence he has got bona fide personal requirement of the suit premises.

(3.) IN the said suit, the defendants appeared and two sets of written statements were filed; the first was filed by defendants no. 1 to 4 (petitioners no. 1 to 4) denying the relationship of landlord and tenant between the parties as well as the personal necessity of the plaintiff, whereas the other was filed by defendant no. 5 (petitioner no. 5) claiming that the plaintiff had neither any right, title and interest in the suit premises, nor the defendants were even his tenant, rather they were in possession of the suit properties in their own right.