RATAN CHANDRA GHOSH Vs. BAJRANGLAL SINGHANIA

JUDGEMENT

(1.) PLAINTIFF filed a suit for eviction under section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 against defendants in respect of the suit premises, which was a shop, measuring 20' x 38'. Plaintiff claimed the suit premises for his personal use and occupation for the purpose of residence as also for the purpose of starting electric goods business and repairs by his eldest son.

(2.) EARLIER plaintiff had filed Eviction Suit No. 164 of 1973 for eviction of the defendant on the ground of personal necessity and default in payment of rent. The said suit was decreed on the ground on default in payment of rent and plaintiff's claim for personal necessity was negatived. Ultimately the Apex Court in Civil Appeal No. 2279 of 1984 rejected the plaintiff's claim for eviction of the defendant on the ground of default. Hence, the Eviction Suit No. 164 of 1973 was dismissed. Plaintiff thereafter filed the present suit on the aforesaid grounds, which has been decreed by impugned judgment dated 31.8.1998.

(3.) ON the basis of the finding recorded therein, in respect of claim of personal requirement, Mr. N.K. Prasad, Senior Counsel for petitioner, submitted that once it was found that other suitable accommodations were available to the plaintiff for residential use, there was no occasion for the court below to record a finding that plaintiff in the present suit established his claim for requirement of the suit premises to be used as residence.