(1.) OPPOSITE party filed Eviction Suit No. 3 of 1992 for petitioners eviction from the suit premises detailed in the schedule to the plaint, which was one shop room with attached room measuring more or less 12 x 7 and 12 x 13 respectively, being a portion of the building standing on R.S. Plot No. 3346 at New Purulia Road of Jamshedpur town.
(2.) THE said building belonged to the plaintiff and his brother. Hari Om Trehan and on partition. Northern portion thereof measuring 30.10" x 60 fell in plaintiffs share and the suit shop was a part of the said Northern portion of the building.
(3.) THE portion which fell in the share of the plaintiff consisted four shop rooms, two residential rooms and a Kitchen. Plaintiffs brother insisted him to vacate the shop room and, therefore, the plaintiff requested the defendant to vacate the suit premises, as he was in dire necessity of the shop to run his own business.