GOYAL TRADING COMPANY Vs. RESHMI DEVI

JUDGEMENT

(1.) THE instant civil revision application is preferred challenging the judgment and decree dated 21st May, 2010 (decree signed on 31st May, 2010) passed by the Sub -Judge -V, Jamshedpur in Eviction Suit No. 74 of 1993 by which the revisionists -tenants were directed to handover vacant possession of the suit premises within sixty days.

(2.) THE eviction suit was instituted under Section 11 (1)(c) read with Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as "the Act") on the ground of personal need. According to the case set up in the original plaint, need of the shop was shown for plaintiff no. 2 Satyanarayan Agarwala. They were three brothers, namely, Maliram Agarwala, Bishwanath Agarwala and Satyanarayan Agarwala. The eviction suit was instituted in the year 1993 stating therein that Satyanarayan Agarwala has now started business of his own and he was carrying on his business under the staircase of the building where the disputed shop is situated pertaining to Holding No.9 S.B. Shop Area, Diagnal Road, Bistupur, Jamshedpur, District -Singhbhum East. The building where the shop was situated is commonly known as "Naredi Bhawan". The plaintiffs relied on the memorandum of partition deed which was an agreement dated 27th February, 1954. There were three shops situated on the 'ground floor; one was occupied by Maliram Agarwala. another was leased to one Ramnivas Agarwala which was later on vacated and at present in occupation of his third brother, namely, Bishwanath Agarwala and the shop where the revisionists running their business in the name and style of M/s. Goyal Trading Company on a monthly rent of Rs. 400/ besides electricity charges has come in the share of Satyanaryan Agarwala.

(3.) DURING pendency of the proceeding, Pleader Commissioner was appointed who made the local inspection in presence of both the parties and submitted his report stating therein that the plaintiff was carrying on his scrap business under staircase. The said report stands confirmed.