ARIF PALL Vs. BIJAY KUMAR SARAWAGI

JUDGEMENT

(1.) An eviction suit was filed by the plaintiff-respondent nos. 1 & 2 originally against Sheikh Nizamuddin, tenant on the ground of personal necessity and arrears of rent. During the pendency of the suit original tenant namely Sheikh Nizamuddin expired and his widow Smt. Asghari Begum was substituted in the eviction suit. Eviction suit was decreed by the learned trial court. Feeling aggrieved by the eviction decree, Smt. Asghari Begum had preferred first appeal being Title Appeal No. 148 of 2009. During the pendency of the first appeal against the eviction decree, Asghari Begum also died. After the death of Asghari Begum, present appellants had moved substitution application claiming themselves to be sons and married daughters of late Asghari Begum. Vide impugned order dated 11th May, 2012, application seeking substitution was dismissed and appeal was also dismissed. Feeling aggrieved, the appellants have filed present appeal. Tenant is defined under Section 2 (h) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 ('Act', in short) which reads as under:-

(2.) As per the definition of the tenant read with Explanation-I and III of Section 2 (h) of the Act, on the death of the tenant firstly his spouse shall be deemed to be the tenant and in the absence of spouse, his son or unmarried daughter shall be deemed to be tenant. However, after the death of such spouse other legal heirs of the original tenants or spouse shall not be treated as tenant. Sub-clause (b) of the Explanation-III is very important for the purpose of deciding present controversy. In view of sub-clause (b) of Explanation-III of Section 2 (h) of the Act, Asghari Begum was having only personal rights and her personal right of tenancy on her death shall not stand transferred or devolved to other legal heirs i.e., present appellants.

(3.) In view of the above, I do not find any illegality in the order passed by the First Appellate Court. In view of the above discussion, no substantial question of law arises in the present appeal. Present appeal therefore, fails and is hereby dismissed.