KRIPA SHANKAR DWARY Vs. NAND LAL CHARAN DWARY

JUDGEMENT

(1.) THIS revision application under section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 is directed against the judgment dated 10th April, 2008 passed by Sub -Judge -VII at Deoghar on remand by the High Court whereby he has decided the question of partial eviction in Title Suit No.22/97.

(2.) I have heard Mr. V.Shivnath, learned Senior Counsel for the petitioner and Mr. P.K.Prasad, learned Senior counsel four the opposite party and with their consent, the revision is decided at the admission stage.

(3.) AGGRIEVED by the said judgment and decreed, the defendant -petitioner filed Civil Revision No.107/05 assailing the finding arrived at by the court below on the ground of expiry of period of lease and also on the ground of personal necessity. This Court after re -appreciation of entire evidence affirmed the finding recorded by the trial court on the issue of expiry of period of lease as also on the ground of personal necessity. So far expiry of period of lease is concerned, I would like to quote paragraph 7 of the judgment passed by the learned Single Judge in C.R. No.107/05, which reads as under :