LAWS(PAT)-2009-8-139

SATYA NARAIN GUPTA Vs. PURSHOTTAM DAS TONDON

Decided On August 10, 2009
SATYA NARAIN GUPTA Appellant
V/S
Purshottam Das Tondon Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the opposite party in the instant case which has been filed 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).

(2.) This civil revision has been filed by the sole defendant-petitioner challenging the order of his eviction passed by the learned Munsif-I, Patna vide judgment dated 15.05.2008 decreeing Eviction Suit No.19 of 2002(11/2003), which was filed by the sole plaintiff-opposite party on contest with cost.

(3.) The aforesaid suit was filed by the opposite party for eviction of the petitioner on the ground of his bonafide personal requirement claiming to be the owner landlord of the suit premises which was a shop room on the ground floor of his house and measured about 64 sq. ft. (4 ft. x 16 ft.) and was being occupied as a tenant by the petitioner who was running his cloth business therein. It was also claimed that the opposite party was himself living in a rented premises and hence he required the entire ground floor of the house, including the suit shop for starting his own business of cosmetics and bangles, etc. and also required the first floor for his residence with his family after reconstruction as he had a son and two daughters and due to financial crisis and lack of space he was not in position to marry his daughter.