URMILA DEVI Vs. SUSHILA DEVI

JUDGEMENT

(1.) THIS Civil Revision application has been directed against the judgment and decree dated 11.12.2003 passed by Munsif -I, Dhanbad in Title (Eviction) Suit No. 9 of 1998.

(2.) THE petitioner are the tenants. The plaintiffs -landlord let out the shop premises to the petitioner -ternants wherein they have been running their clothes business in the name and style of Rajesh Clothes Stores. The plaintiffs filed the said Title (Eviction) Suit No. 9 of 1998 for eviction of the petitioners - tenants on the ground of personal necessity. According to the plaintiffs, they require the suit premises for their personal use and occupation to start a business for plaintiff No. 2. The defendants were thus requested but they did not vacate. Hence the suit was filed.

(3.) SINCE the suit was filed only on the ground of personal necessity the same was deal with under the provision of Sec.14 of the Bihar Building (Lease Rent and Eviction) Control Act, 1982. The trial Court after discussing and considering the evidences and materials on the record arrived at the finding that the plaintiffs require the suit premises for bona fide requirements. The Court below also considered that the needs of the landlord cannot satisfy by partial eviction of the tenants. The learned trial Court thus decreed the suit in favour of the plaintiffs and has direct the defendants to vacate the suit premises within 90 days.