S. B. Sinha, J.

The question as to whether in an eviction suit filed by a landlord on the ground of his personal necessity expiry of the period of lease and also on any other grounds as envisaged under section 11(1) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, the issue relating to the personal necessity to the landlord expiry of the period of lease, can be decided as a preliminary issue upon following the procedure laid down under Section 14 thereof or not, is the question involved in this application.

2. The fact of the matter lies in a very narrow compass. The plaintiff opposite party filed Eviction Suit no. 5/89 against the petitioner inter alia on the ground that she requires the suit premises for starting a business by her eldest son who had been sitting idle as well as on the ground that the petitioner has defaulted in payment of rent from November, 1988 to January, 1989.

3. The petitioner appeared in the said suit and filed written statement denying and disputing the allegation made in the plaint. According to the petitioners, a sum of Rs. 5000/- was spent for renovation of the suit premises which was agrees to be refunded and/or adjusted towards