MD SALIM Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) This revision is directed against the impugned order and judgment dated 06.03.2017 passed by Civil Judge, Jr. Division(Munsif), Giridih in Eviction Suit no.08/2006 whereby the plaintiff's suit was decreed with a direction to the defendant(petitioner in the present case) to hand over the vacant possession of the suit premises.

(2.) The plaintiff( O.P. in the present case) had instituted the suit for eviction of the tenant on the ground of personal necessity in term of Section 11(1) (c) of the Jharkhand Building(Lease, Rent and Eviction) Control Act, 2000 ( in short to be called as 'Act') as he required the suit premises for his bonafide use.

(3.) Learned counsel for the petitioner has submitted that the defendant was inducted as a tenant in the suit premises on the basis of a registered kirayanama for the period from 12.01.2001 to 07.01.2006. The defendant had appeared and filed his written statement but the leave was not granted and the suit was decreed in terms of Section 14(4) of the Act. Against the said order the tenant/defendant had preferred revision and this Court vide order dated 26.08.2016 had remitted the matter to the court below with a direction to permit the defendant to cross-examine the plaintiff's witnesses only on the limited question of personal necessity and not to put forward his defence.