MD AFROZ ALAM Vs. MD PARVEZ ALAM

JUDGEMENT

(1.) HOLDING No. 227 situated in Bokapur Mohalla of Munger town belonged to Bibi Sadrunnis -sa, wife of Md. Ishrafil, who died leaving behind three sons, including the plaintiff Md. Parvez Alam and four daughters. The defendant was tenant in a portion of the said holding, described in Schedule B to the plaint on monthly rental of Rs. 100/ -and was running a tailoring shop therein.

(2.) THE suit was filed under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act ') on the ground of personal necessity that the plaintiff required it to start tailoring business of his own as he was unemployed. The defendant admitted himself to be a tenant in the suit premises, but denied the plaintiff 's claim of personal necessity.

(3.) MR . Amla Kant Chaudhary, Senior Counsel for the defendant petitioner submitted that the plaintiff alone was not entitled to file the present suit for eviction. During pendency of the suit the plaintiff started tailoring business in another room of holding no. 297 in his possession and as such his requirement was satisfied. He was not an unemployed, rather he was also running a tailoring shop at Giridih.