S.Roy, J.

1. The civil revision application has been filed by the plaintiffs-petitioners under the Proviso to Sub-sec. (8) of Sec. 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1952 (the Bihar Act) against the judgment and decree of the court below by which the suit for eviction of the defendant-opposite party on the ground of personal necessity has been dismissed. At the time of admission of the civil revision application a learned Single Judge (B.P. Singh, J.) noticed the judgment rendered in Shri Udai Banerjee V/s. Shri P.R. Dutta, 1986 0 PLJR 950 and also noticed the language of the aforesaid Proviso and ordered that the case be heard by a Division Bench. When the matter was listed before the Division Bench, the correctness of the judgment in Shri Udai Banerjee was doubted and it was ordered that the case be heard by a larger Bench. The matter was, therefore, listed before this Bench.

2. In the plaint it was stated that the opposite party was carrying on business in the suit premises as a tenant under the petitioners No. 1 and 5 have learnt tailoring and the building in question was required for carrying on tailoring business jointly by them. The pet