ALPANA CHOUDHARY Vs. ALOK KUMAR BANERJEE

JUDGEMENT

(1.) The instant revision arises from the judgment and Decree of eviction dated 16.11.2009, passed by the Sub Judge 1st Dhanbad in Title (Eviction) Suit No. 45 of 1999 [Alok Kumar Banerjee v. Alpana Choudhary].

(2.) The Suit was instituted on two grounds--arrears of rent amounting to Rs. 2,400/- and on the ground of personal necessity under Section 11(i)(c) of B.B.C. Act. The Plaintiff waived the claim for eviction on the ground of arrears of rent but contested the suit on the ground of personal necessity. The Court below decreed the suit coming to a conclusion that the disputed premises detailed at Schedule-B of the plaint which is a part and parcel of Schedule-A, was required for the personal use of the Plaintiff and landlord.

(3.) The facts of the case is that the property described in Schedule-A of the plaint, situated in Mohalla J.C. Mallik Road was a joint family property of one Dr. Samarendra Nath Chaudhary and his other co-sharers including the husband of the Defendant. There was a partition in the family of Dr. Samarendra Nath Choudhary and other co-sharers of the property described in Schedule-A. Dr. Samarendra Nath Choudhary inherited the property and came in exclusive possession of the same after the death of his father.