ARIF PALL Vs. BIJAY KUMAR SARAWAGI

JUDGEMENT

(1.) AN eviction suit was filed by the plaintiff -respondent nos. 1 and 2 originally against Sheikh Nizamuddin, tenant on the ground of personal necessity and arrears of rent. During the pendency of the suit original tenant namely Sheikh Nizamuddin expired and her widow Smt. Asghari Begum was substituted in the eviction suit. Eviction suit was decreed by the learned trial court. Feeling aggrieved by the eviction decree, Smt. Asghari Begum had preferred first appeal being Title Appeal No. 148 of 2009. During the pendency of the first appeal against the eviction decree, Asghari Begum also died. After the death of Asghari Begum, present appellants had moved substitution application claiming themselves to be sons and married daughters of Late Asghari Begum. Vide impugned order dated 11th May 2012, application seeking substitution was dismissed and appeal was also dismissed. Feeling aggrieved, the appellants have filed present appeal.

(2.) TENANT is defined under Section 2 (h) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982( 'Act', in short) which reads as under: