Heard learned counsel for the parties.

21. This civil revision application is directed against the judgment and order dated 15.3.2011 passed by the Munsif, Muzaffarpur (East) in Eviction Suit No.41 of 2005 whereby the suit has been decreed in favour of the plaintiffs and the defendants have been directed to hand over the vacant possession of the suit property to the plaintiffs within a period of two months failing which it would be carried out through the process of the court.

3. The suit property is a building standing on Holding No.5, Ward No.24 in the town and district of Muzaffarpur owned by one Raj Kumar Choudhary having fallen in his share by reason of a decree passed in Partition Suit No.139 of 1989. The said Raj Kumar Choudhary had given the building on rent to the father of the petitioner Late Bhaskar Prasad Mishra who was running a Homoeopathic Medical Store on the ground floor whereas the upper floor was being used for residential purpose. The default in payment of the rental by the original tenant Late Bhaskar Prasad Mishra led to filing of the eviction suit at the instance of the erstwhile owner of the property Raj Kumar Choudhary giving rise to Eviction Suit No.