SUNIL KUMAR SINGH Vs. TARA DEVI AND ORS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The defendant of Title Eviction Suit No.23 of 2009, under the provisions of Bihar Building (Lease, Rent and Eviction) Control Act, 1982, has challenged the judgment and decree dtd. 6/7/1915 whereby the suit brought by the opposite parties on the ground of personal necessity has been decreed.

(3.) The impugned judgment and decree would reveal that the Court below found that there is admitted relationship of landlord and tenant between the parties. The plaintiffs have got bona fide and reasonable personal necessity for the suit premise for the use of unemployed and marriageable sons. The Court below further recorded that partial eviction would not satisfy the requirement of the plaintiffs. The Court below did not accept the argument of the defendant that since the plaintiffs have other suitable premises also under rent to some other person, the defendants, aged about 75 years, should not be asked to vacate the premise on the ground that plaintiffs have choice of selection of the premise to satisfy their need.