S. B. Sinha, J.

This application under section 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) Control A( t, 1982 is directed ,against a judgment and decree dated 27-8-1987 passed by the learned Munsif, Bihar-sharif, in Eviction Suit No. 10 of 1986 whereby and whereunder a decree for eviction has been passed against the petitioner directing him to vacate the suit premises.

2. Before proceeding to note the facts of the case it may be mentioned that by an order dated 13-11-1987 this Court passed the following order:

"The court below is directed to give a finding in respect of the proviso to section 11 (1) (c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, after hearing both the parties and submit a report to this effect to this Court."

3. At that stage an application was filed by the petitioner on 15-2-1988 for permitting him to adduce additional evidence. The learned court below by an order dated 11-4-1988 rejected the said application on the ground that a similar application calling for admit card of the son of the plaintiff Was filed for the purpose of showing that the suit house was not required by the plaintiff; but the said application was rejected by an order dated 5-1-1988. The learned court below in his order dated 11-4-1988 inter alia held that the said Court at that stage was only concerned with giving a finding in terms of proviso to section 11 (I) (c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the said Act').

4. The learned court below thereafter hearing the counsel for the parties passed an order dated 9-5-1988 wherein it was held that the plaintiff has also satisfied the requirement of proviso to section 11 (I) ( c) of the said Act.

5. In the aforementioned order it was inter alia held that regard being had to the location of the rooms of the suit premises, both the parties cannot conveniently occupy the same together. The learned court below has sent a copy of the aforementioned order dated 9-5-1988 along with his report dated 11-5-1988.

6. The petitioner thereafter filed another application raising various objections with regard to the aforementioned report on 11-7-1988.

7. Facts:-

The plaintiffs-opposite party filed Title Suit No. 10 of 1985 for eviction of the defendant-petitioner inter alia on the following allegations :-

"(a) That the suit premises was owned and possessed by one Mohammad Salauddin, who inducted the petitioner as a tenant in the suit premises on a monthly rental of Rs. 75/-.

The said Mohammad Salauddin sold the suit premises to the opposite party (nos.1 to 3) by three separate registered sale deeds dated 15-12-1983 on receipt of a consideration of Rs. 14,000/- from each of the plaintiffs. The respective purchasers got constructive possession over their respective purchased portions of the said property.

8. Plaintiffs-opposite party nos. 1 to 3 purchased portions of the property in suit in the following manner-

(i) Opposite party no. 1 purchased part of Holding no. 75 measuring an area of 74'5” east west X 6 north south total area being 2 dhurs and 2 dhurkis situated at Mohalla Sherpur, Bihar-sharif of which the opening gate faces towards east and is bounded as follows ;-

North - Haja Nij.

South - Bhagwan Das

East - Lane

West - Ramhari Prasad (O. P. No. 3) Kharidar Holding Majkoor.

(ii) Opposite party no. 2 purchased part of Holding no. 75 an area measuring 5'7” north south X 24'5" east west situated at Mohalla Sherpur, Bibarsbarif of which the opening gate faces towards east and is bounded as follows ;-

North - Haja Nij purchaser

South - Pano Devi (O. P. No.1)

East - Lane.

West - Haja Nij -Purchaser (Ramdhari Prasad) (O. P. No.3)

(iii) Opposite party no. 3 purchased part of Holding no. 75 measuring 21 east west x 11’ 7" north south situated at Mohalla Sherpur, Bihar-sharif of which the opening gate faces towards west and is bounded all follows :-

North - Nizamuddin

South - Bhagwan Das shop and Raja Nij area 80 5" Chi