ABDUL RASHID Vs. KISHORI SINGH SIKRIWAL

JUDGEMENT

(1.) BOTH these revision petitions have been heard together inter parties as they arise between the same parties and of the same subject matter.

(2.) CIVIL Revision No. 1487 of 1998 has been preferred under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction Control) Act challenging the eviction decree passed in Eviction case No. 6 of 1996 on 27.5.1998 by the Munsif, Ist, Chapra. While Civil Revision No. 2137 of 1998 has been preferred against the alleged forceful dispossession of the petitioner from the suit premises in the garb of the execution of the decree of the above mentioned eviction suit without giving any notice to the petitioner while the earlier revision petition was pending for adjudication before this Court, The suit premises is a small room measuring 8 ' x 10 ' on the road side. The petitioner was inducted as a tenant, admittedly while the property was a joint family property and afterwards a partition suit was filed and in that partition suit a compromise was arrived at and a decree was prepared on the basis of the compromise and as per that compromise decree the suit premises alongwith others had fallen into the share of the plaintiff -Opposite party. Admittedly the plaintiff is a widow and after her husband 'sdeath she maintains her livelihood and that of her minor son by herself. According to her she had taken training of stitching from an Institute at Sardha and also taken further training of Beauticianship and she has got the knowledge of painting. To increase her income for the purpose of livelihood she wants to open up a premises for stitching, Beauty Parlour and painting and, as such, she needs the suit premises badly for the purpose of her genuine personal necessity and, as such, the eviction suit was filed as mentioned above against the defendant.

(3.) BEFORE this Court challenge has been made on the finding of the eviction to the effect that although the plaintiff had claimed that she got the suit premises in her share in the partition suit but