V. Nath, J.- Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the opposite parties.

2. This revision application has been filed against the judgment and decree dated 13.12.2004 passed in Title Eviction Suit No.09/1999 by Munsif, Danapur by which the eviction decree has been passed against the defendant/petitioner.

3. The plaintiff filed the suit stating that he had got four rooms in his house out of which two rooms had permanent construction (pucca) whereas the other two rooms had temporary construction (kuchha) and the one room and verandah on the first floor were in damaged condition. The further case of the plaintiff was that the defendant was occupying the two rooms on the ground floor as tenant with agreement to vacate the rooms in January 1990. It was further case of the plaintiff that he had got four sons out of whom three had become major, and he had got personal necessity of the two rooms under occupation of the defendant for the residential purpose of his family members.

4. The defendant by filing written statement denied the personal necessity of the plaintiff and alleged that the