FIROZ @ MD. SAYEED AKHTAR FIROZ Vs. MAJHAR IMAM

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the opposite parties.

(2.) The instant civil revision under Sec. 14(8) of the Jharkhand Building (Lase Rent & Eviction) Control Act, 2000 is directed against the judgment and decree dtd. 26/5/2016 passed by learned Civil Judge (Senior Division-II), Giridih in Eviction Suit No.06 of 1999, whereby and whereunder the suit of the plaintiff/opposite party has been decreed and the petitioner/defendant has been directed to vacate the suit premises and to give vacant possession to the plaintiff within two months from the date of judgment, failing which, the plaintiff was at liberty to get the vacant possession of the premises through process of court.

(3.) Factual matrix giving rise to this revision is that title eviction suit No.06 of 1999 was filed by plaintiffs/respondent stating inter alia that the plaintiffs are the owner of Holdling No.886, Ward No.VI(old), XV(new) of Giridih Municipality, Giridih situated at Pachamba, P.S.-Giridih(T), Dist.-Giridih being survey Plot No.1270 under Khata No.180 of Mouza Jaridih, Pachamba, P.S.- Giridih(T), Dist.-Giridih, old District-Hazaribag and they are living in portion of the holding with their family members and in another part, the defendant is living as tenant under the plaintiffs. The plaintiffs are paying taxes in respect of the said holding and obtaining receipt from the municipality. It is further case of the plaintiffs that originally the lands of plot No.1270 under Khata No.180 was recorded in Khatiyan comprising house and sahan over area 11 decimal in possession of Seikh Karim Bux, S/o-Seikh Ahsan Mian of District-Chapra during last survey and settlement operation and he was in actual physical possession over the same. The said Seikh Karim Bux died leaving behind his only daughter, Bibi Rafikan, who inherited the suit property and came into physical possession over the same. Bibi Rafikan was a pardanashin lady so she appointed Abdul Razak, S/o-Late Nawab Ali as caretaker of the property to manage and look after the cultivation work and other work of property situated in Giridih and she used to visit Giridih from time to time to collect rent and usufructs from the tenants. It is further stated that Abdul Razak used to realize the house rent from the tenants on behalf of Bibi Rafikan and used to issue rent receipts to the tenants. After death of Abdul Razak, his son Md. Reyazuddin was also working as caretaker of Bibi Rafikan and exercising the power of collecting rent and usufructs on her behalf. It is further case of the plaintiffs that Bibi Rafikan executed a registered deed of gift (bakshisnama) dtd. 16/12/1961 with respect of the lands of mouza semri in favour of her daughter Noor Jannat and she again executed the bakshisnama on 20/1/1969 in favour of Bibi Noor Jannat and her husband Md. Atiullah in respect of properties of mouza Semri and Giridih district and put them in actual physical possession over the same. After death of Bibi Rafikan, her two daughters, Bibi Jaitun and Bibi Noor Jannat inherited the property left by their mother. It is further stated that Bibi Jiatun and her husband, Abdul Samad died issueless and as such whatever right Bibi Jaitun had in the property of Karim Bux passed to Bibi Noor Jannat and her husband and they become absolute owners of entire property acquired by Sheikh Karim (Bux) by virtue of inheritance and gift. It is further stated that Md. Reyazuddin, son of Abdul Razak filed a Title Suit No.101 of 1985 against Bibi Noor Janat and Md. Khalil Khan in the court of Civil Judge (Junior Division), Giridih claiming the entire lands through oral gift by Karim Bux in favour of Abdul Razak on 21/3/1935 and challenged the sale deed executed by Bibi Noor Jannat in favour of Khalil Khan on 7/1/1985. The said suit was dismissed vide judgment dtd. 29/7/1986. Accordingly, the very basis of the title through oral gift dtd. 21/3/1935 was disbelieved and the case of defendants regarding execution of bakshisnama dtd. 16/12/1961 and 20/1/1969 was found to be legal and valid. Title appeal No.67 of 1986 was also preferred challenging the judgment passed by Civil Judge, Junior Division in Title Suit No.67 of 1986, which was also dismissed on 30/6/1994 by the 2nd Additional District Judge, Giridih. The second appeal No.69 of 1994(R) was also preferred before the Hon'ble High Court, Patna at Ranchi Bench, which was also dismissed vide judgment dtd. 21/11/1996. Thereafter, L.P.A. No.45 of 1996 (R) was filed, which was also dismissed on 2/8/1996. It is further pleaded that the defendant is a monthly tenant in part of holding No.886, Ward No.VI(old), XV(new) of Giridih Municipality, Giridih as mentioned in Schedule A to the plaint inducted by Bibi Rafikan on montly rent of Rs.15.00, which was being paid to her by caretaker, Md. Abdul Razak and Md. Reyazuddin. Since the month of March, 1997, the defendants refused to pay any rent and became defaulter rendering him liable for eviction from the suit premises. It is further pleaded that the plaintiff required the suit premises reasonably and in good faith for their own accommodation as the family members of the plaintiffs have increased and facing problem of accommodation. The requirement of plaintiffs cannot be satisfied through partial eviction of the defendants due to large number of family members. Hence, the plaintiffs requested to the defendants to vacate the suit premised and hand over the possession in the month of March, 1999 but on one plea or another, he was lingering and ultimately refused to vacate the suit premises, hence, this suit.