ARIHANT TRADING AGENCY Vs. SHANKAR LAL BHARTIA

JUDGEMENT

(1.) THIS civil revision application has been filed under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (for short "the Act") by the defendant-petitioner (hereinafter to be referred to as "the tenant") against the judgment and decree dated 28-5-2007 passed by the Munsif, Ranchi in Eviction Suit No. 7 of 2004 decreeing the suit filed by the plaintiff-opposite party No. 1 (hereinafter to be referred to as "the landlord") for eviction on the ground of personal necessity.

(2.) MR . P.K. Prasad, learned senior counsel appearing for the tenant assailed the impugned judgment and decree on two grounds - (i) the requirement of landlord is not bona fide and is a mere desire without any element of need; and that (ii) the question of partial eviction has not been considered by the learned trial Court in the manner required under the Act.

(3.) THE case of the landlord, inter alia, is that the suit holding was held by him as Karta of Hindu Undivided Family; and that the suit premises (a shop) was required for one of his sons Vishnu who wishes to expand his business; that the landlord himself is sitting idle and wants to do his own business; that no other accommodation is available and the suit premises is suitable for the purpose; and that such need will not be satisfied by the partial eviction.