BASUDEO SAHU Vs. UPENDRA SAHU

JUDGEMENT

(1.) HEARD the parties and perused the lower court records. The plaintiff filed Title (Eviction) Suit No. 12 of 1998 against the defendants under section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, wherein a decree for defendants ' eviction was sought on the ground of personal necessity, which was denied by the defendants. In paragraph 6 of the impugned judgment, whereby the suit was decreed, the trial court discussed the plaintiff 's requirement of the suit premises as well as possibility of partial eviction. After stating the plaintiff 'scase as made out in the plaint, the following observations have been made :

(2.) THEREAFTER the defendants ' case as pleaded in the written statement has been stated and the following observations have been made :

(3.) L , therefore, set aside the impugned judgment and decree and remit the suit to the trial court for its disposal afresh on the basis of evidence, both oral and documentary already on record, and on the basis of the observations made above.