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 r