DEEPAWALI PAUL Vs. JASWANT BARLA

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the opposite party.

(2.) The instant civil revision is directed against the judgment dtd. 21/3/2009 (decree signed on 31/3/2009) passed by learned IIIrd Additional Munsif, Ranchi in Eviction Suit No. 43 of 1999, whereby and whereunder the trial court has decreed the suit of the plaintiff on the ground of bonafide requirement of personal use and occupation under Sec. 11 (1)(C) read with Sec. 14 (1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 and directed the petitioner (defendant) to handover the vacant possession of the suit premises within two months from the date of the judgment / order, failing which, plaintiff shall be at liberty to get the vacant possession of the suit premises through the process of the court.

(3.) The factual matrix giving rise to this revision is that the plaintiff / opposite party has instituted a suit under Sec. 11 (1)(C) read with Sec. 14 (1) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 in the court of learned Additional Munsif-III, Ranchi, being Eviction Title Suit No. 43 of 1999, claiming relief of eviction of the defendant / tenant from the suit premises on the ground of bonafide personal requirement for own use and occupation of the plaintiff. It is stated that the suit premises was purchased by mother of the plaintiff namely, Smt. Clara Margret Barla through registered sale deed executed by one Shanti Sheila Nelie Ban vide Deed No. 3056 dtd. 23/5/1958 (Exhibit- 8). The mother of the plaintiff mutated her name after purchase of the suit premises before the Circle Officer, Ranchi as well as in Ranchi Municipal Corporation and paying municipal taxes and other cess (vide Exhibit-1, 2, 3 & 4).