LAWS(JHAR)-2011-3-360

SARJU PRASAD BHAGAT Vs. LAL BABU PRASAD BHAGAT

Decided On March 10, 2011
SARJU PRASAD BHAGAT Appellant
V/S
Lal Babu Prasad Bhagat Respondents

JUDGEMENT

(1.) The instant revision is preferred by the tenant challenging the judgment and Decree dated 16.07.2005 and 21.07.2005 respectively passed by Sub Judge - 6th, Dhanbad in Title Eviction Suit No. 10/92 whereby and where under, the Defendant/tenant (Petitioner herein) has been directed to handover vacant possession of the tenanted premises to the land lord/opposite parties within a period of three months failing which, the Plaintiff/land lord shall be at liberty to get vacant possession in the suit premises.

(2.) The disputed accommodation is Municipal Holding Nos. 262 and 263 in Ward No. 23 of Dhanbad Municipality situated on Plot Nos. 4024, 4025, 4026, 4027, 4028, 4029, 4030 and 4031, Mohalla - Purana Bazar, Marwari Patti, P.S. - Bank More, Dhanbad. The accommodation in occupation of the revisionist which is in dispute, consists of two rooms measuring 50' x 6' and 10' x 6'. The entire holding consists of an area 76' x 431/2.'

(3.) The eviction suit was instituted by the landlord on the ground of his personal and bonafide need and that he requires the accommodation in possession of the revisionist for his and use of his family members. The tenant/revisionist contested the suit and denied that the opposite parties were his landlord.