RAM NIWAS AGARWAL Vs. RESHMI DEVI

JUDGEMENT

(1.) THIS civil revision application has been filed under Section 14(8) of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (the Act for short) against the judgment and decree dated 8.9.2008 passed in Eviction Suit No. 151 of 1993 by learned Sub Judge -V, Jamshedpur.

(2.) I .A. No. 1226 of 2009 has been for condoning the delay of 3 days in filing this revision application. On being satisfied with the ground, the delay was condoned and the matter was heard at length for final disposal.

(3.) THE main defence of the defendant -petitioner (hereinafter to be referred as the tenant) was that the alleged requirement was not reasonable and bona fide as the landlords were heavily engaged in their respective businesses; that the suit was filed claiming need of all plaintiffs, but the evidence led on behalf of the landlord is confined to the personal necessity of plaintiff No. 3 only; that plaintiff No. 3 and his wife are income tax assessees, but returns were not produced before the court to show that their income was very low; that in the "Form of Heading of Deposition", it is mentioned "where I am - Business (Temp Transport)"; and that the question of partial eviction has not been property considered by the trial court as the suit premises are in two schedule i.e. Schedule A and Schedule B.