NAGENDRA PRASAD Vs. BRIJ NARAYAN PRASAD AND ANR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This civil revision application has been preferred under Sec. 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 by the defendant of Eviction Suit No.02 of 2010 which has been decreed in favour of the plaintiff- respondent by judgment and decree dtd. 27/2/2015 holding that there is relationship of landlord and tenant between the parties and the plaintiff bonafidely and reasonably requires the Hut in possession of the appellant standing on portion of Plot Nos.734,735 and 736 area 3 katha 19 dhur.

(3.) The case and claim of the plaintiff-opp.parties is/ was that the plaintiffs had purchased the aforesaid plot through registered sale deed and on the request of the defendant- petitioner had constructed a Hut on a portion of that plot and let out the same on a monthly rental of Rs.150.00. The plaintiffs admitted that both sides are agnates and cosharers that is why the suit premises was let out to the defendant. It is further asserted that the defendant defaulted in payment of rent and the plaintiffs are in need of personal use of the suit premises bonafidely and reasonably, as the plaintiffs want to construct a market complex after demolition of the suit premises.