KRIPA SHANKAR DWARY Vs. NANDLAL CHARAN DWARY

JUDGEMENT

(1.) THIS civil revision has been preferred by the tenant -defendant under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 [hereinafter referred to as 'the said Act'] against the judgment and decree dated 28.9.05 passed by learned Sub -Judge -III, Deoghar in Title Eviction Suit No. 22/97 whereby the Court below has decreed the landlord -plaintiff's suit and the defendant has been directed to vacate the suit premises.

(2.) THE plaintiff is one of the owners of the suit premises being Holding No. 139, Ward No. 1 under Deoghar Municipality measuring an area of 150'x20' comprising one hall, one room and a tin shed room. The defendant was given the suit premises on lease for a period of seven years commencing from 1.7.90 and expiring on 30.6.97 on a monthly rent of Rs. 500/ - by virtue of a registered deed of lease dated 26.6.90. The said lease expired on 30.9.97. The plaintiff now requires the suit premises for his own use and occupation as he has to start a hotel business in the suit premises which is an ideal place for that purpose. The plaintiff has also got sufficient fund to start the said business. The plaintiff requested the defendant to vacate the suit premises, but the defendant did not vacate the same. Hence the suit for eviction.

(3.) ON the basis of the pleadings, several issues were framed by learned Trial Court. The parties led their evidences. The plaintiff examined as many as eight witnesses and the defendant examined 21 witnesses. The parties also adduced documentary evidences. The plaintiff proved the deed of lease (Ext.1). The defendant has also proved several documents out of which Ext. A is the notice, Ext. B is the postal receipt, Exts. C series are the money orders receipts, Ext. D is the land receipt and Ext. E is another notice. Learned Trial Court on appreciation of facts and evidences on record came to the findings that there is relationship of landlord and tenant between the parties and that the period of lease expired on 30.9.97 and that the defendant neither took any step for renewal of the lease nor approached the Court under the provisions of Section 18 of the said Act. Learned Court below found that the plaintiff requires the suit premises reasonably for his own use and occupation. Learned Trial Court further held that the plaintiff has got cause of action and the plaintiff is entitled for the relief prayed for in the suit. Learned Court below also held that the partial eviction of the premises shall not fulfil the need of the plaintiff. Learned Trial Court thus decided almost all the issues in favour of the plaintiff and decreed the suit directing the defendant to vacate the suit premises.