PURAN CHAND BHAGAT Vs. USHA DEVI

JUDGEMENT

(1.) ON 18.9.2008, this Civil Revision Application was heard at length for final disposal.

(2.) THIS Civil Revision Application has been filed by the defendant/tenant/petitioner against the judgment dated 14.2.2005, passed by learned Munsif, Ranchi in Title Eviction Suit No. 27/2001. The original plaintiff -Ram Das Vishwakarma having died during pendency of this Civil Revision Application, his heirs have been substituted as the opposite parties. The said suit was filed by the original plaintiff for eviction of the petitioner on the ground of his bona fide personal necessity, under Section 11(1)(c), read with Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1983, (the Act for short).

(3.) SINCE in the rear and eastern side of the suit premises the original plaintiff had his own residence, therefore the suit premises was most suitable for the purpose of his daughters. Thus, in substance the original plaintiff claimed bona fide personal necessity for his growing daughters, in paragraph 6 of the plaint. In paragraph 7 thereof, he said that except the suit premises, he does not have any other premises suitable for his use. The dispute with regard to default was not required to be gone into in this suit filed for eviction on the ground of personal requirement.