SURESH CHAURASIA Vs. CHANDRA SHEKHAR BURNWAL

JUDGEMENT

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

(2.) The instant civil revision application under Sec. 14(8) of Bihar Buildings (Lease Rent and Eviction) Control Act, 1982 is directed against the judgement dtd. 4/6/2004 and decree signed on 18/6/2004 passed by Munsif, Girdih, in Eviction Suit No.24 of 2003 instituted under Sec. 14 of Bihar Building Rent(Lease Land Eviction) Control Act, whereby and whereunder learned Munsif decreed the suit of the plaintiff/opposite party instituted on the ground of personal necessity and held the petitioner liable to be evicted from the suit premises and directed him to handover the vacant possession of the suit premises within two months from the date of the judgment/decree along with the cost of the suit of Rs.2,737.00.

(3.) Factual matrix giving rise to this revision is that the suit land pertaining to Khata No.7/1, Plot No.378 and other rayati lands owned and possessed by Rakesh Prasad and Naresh Prasad, sons of late Rajendra Prasad had jointly constructed double story pukka building and sold the same through registered sale deed dtd. 13/3/2002 to the plaintiff. It is further alleged that before purchase of the suit property including the premises, the defendants, Suresh Chourasia and Rajesh Chourisia were inducted as tenant by the vendor of the plaintiff in the year 1995 on monthly rent of Rs.1,000.00, which was later on increased up to Rs.2,000.00 per month. It is further alleged that after purchase of the suit premises, the plaintiff and his vendor namely Rakesh Prasad and Naresh Prasad asked the defendant to attorn the plaintiff as their land lord. Accordingly, the defendants attorned the plaintiff as land lord and paid him rent till January, 2003. Thereafter, they stopped payment of rent from February, 2003 onwards till August, 2003. Further case of the plaintiffs/opposite parties is that a partition has taken place between the plaintiff and his brothers but he has not been allotted any share in the ancestral house rather some other land has come into his share. The plaintiff along with his wife and sons is temporarily residing in a small room given to him by his brother Devendra Prasad Barnwal, who is pressurizing the plaintiff to vacate the said room for his own accommodation. Therefore, the plaintiff requires the suit premises for his own bonafide use and accommodation. The request of the plaintiff to vacate the suit premises was not acceded by the defendants in spite of their assurance to vacate the same by September, 2003. Thereafter, the defendant flatly denied/refused to vacate the suit premises. Hence, the suit was filed under Sec. 11(C) of Bihar Building Rent(Lease Land Eviction) Control Act, 1982.