MANZAR ALAM Vs. MASOOD ALAM

JUDGEMENT

(1.) Heard learned counsel for the defendants petitioners and learned counsel for the plaintiffs opposite parties.

(2.) The defendants petitioners are aggrieved by the impugned Judgment and Decree dated 24.2.2014, passed by the learned Addl. Munsif-II, Ranchi, in Eviction Suit No. 53 of 1989, whereby, the eviction suit, which was earlier filed for eviction of the defendants from the suit premises on the grounds of personal necessity and default in rent, was subsequently confined to the eviction only on the ground of personal necessity, under Section 11 (1) (c) of the Bihar Building (Lease, Rent and Eviction) Control Act, (hereinafter referred to as the 'Act'), and was decreed by the Court below on contest, directing the defendants to hand over the vacant possession of the suit property to the plaintiffs, within ninety days of the Judgment and Decree.

(3.) Sans unnecessary details, the necessary facts of this case are that the suit was brought for eviction of the defendant tenant from three rooms of the suit property, bearing part of the Holding No. 351, M.S. Plot No. 705/J, Ward No. 3, situated at Tiwari Tank Road, P.S.- Hindpiri, District- Ranchi. The suit was originally filed by the plaintiff lady and during the pendency of the suit, the plaintiff as well as defendant died, and C.R. No. 21 of 2014 they were substituted by their heirs and legal representatives, who were contesting the suit. According to the plaint, the original defendant was inducted as tenant in the suit premises, which consisted of three rooms and one veranda in the house, on the monthly rent of Rs. 75/- payable as per the English calendar. Stating that the plaintiff had four sons and she required the suit property for bona fide personal necessity of using the rooms for her sons and also running a small business, the eviction suit was filed in the year 1989 itself. It was stated that the plaintiff had no other property in Ranchi, where she could keep her sons and accordingly, the suit was confined to the relief under Section 11 (1) (c) of the Act.