Judgement

JUDGMENT :- The appellants filed a suit for ejectment of the respondents on a ground allegedly available under Clause (c) of sub-section (1) of Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter the Act, for short). According to the averments made in the plaint filed by the appellants, it was a part of the building which was held on tenancy by the respondents. According to the respondents, the subject-matter of tenancy was not a building as defined in Clause (b) of Section 2 of the Act but a piece of land whereon the respondents had raised a structure and using the same as a shop. Inasmuch as ejectment of the tenant-respondents was sought for on the ground of reasonable and in good faith requirement by landlord, the suit was tried by special procedure prescribed by Section 14 of the Act. The trial Court found the appellants owner of the suit premises held by the respondents on tenancy and the respondents liable to be evicted under Section 11(1)(c) of the Act.

2. The tenant-respondents preferred a revision under sub-section (8) of Section 14 of the Act. The High Court formed an opinion that the bone of contention between the parties,