S.B. Sinha, J.

These two Civil Revision Applications involving some interesting questions of law were referred to a Division Bench for hearing.

2. These applications having arisen out of the judgment dated 28.9.1989 passed by Shri V. Upadhyay, Subordinate Judge, First Court, Ranchi in Eviction Suit No. 7 of 1988, were taken up for hearing together and are being disposed of by this judgment.

3. One Jaiprakash Jalan and Abhimanyu Jalan who are the petitioners in Civil Revision Application No. 46 of 1990 (R) filed the aforementioned suit for eviction against M/s. Rambilash Madan Gopal (Petitioner in Civil Revision No. 6 of 1990 (R) for its eviction on the ground of their personal necessity from the tenanted premises consisting of a two storied building situated over M.S. Plot Nos. 1967 and parts of 1968 and 1969 being holding no. 780 appertaining to Ward No. II of Ranchi Municipal Corporation at Kaprapatti, Main Road, Upper Bazar, Ranchi.

4. It is admitted that in the ground floor of suit premises, there is an open courtyard, bath room, kitchen, well, one godown, one shop room, one latrine, passage and staircase and in the first floor of the said premises there are four living roo