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2017 Supreme(Pat) 1318

IN THE HIGH COURT OF JUDICATURE AT PATNA
HEMANT KUMAR SRIVASTAVA, J.
Maqsood Hasan S/o Abdul Hasan - Petitioner
Versus
Sudama Prasad Jaiswal Son of Late Harihar Prasad - Opposite Party
Civil Revision No. 113 of 2014
Decided On : 18-12-2017

Advocates Appeared:
For the Petitioner: Mr. Syed Firoz Raza, Adv.

The landlord must prove reasonable and bona fide requirement, and the availability of alternative accommodation must be considered.

Headnote:

B.B.C. Act - Eviction Suit - Section 14(8) of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 - Section 11(1)(c) of B.B.C. Act

Fact of the Case:

The plaintiff sought eviction of the defendant from a shop under Section 11(1)(c) of B.B.C. Act, claiming bona fide need for his unemployed sons to run a medical shop.

Finding of the Court:

The court found in favor of the plaintiff, concluding that the plaintiff's need was bona fide and reasonable, and partial eviction would not fulfill the plaintiff's need.

Issues: The court analyzed issues including maintainability of the suit, cause of action, landlord-tenant relationship, bona fide personal necessity, partial eviction, entitlement to the decree, and relief sought.

Ratio Decidendi: The court emphasized the need for the landlord to prove reasonable and bona fide requirement, and that availability of alternative accommodation must be considered. The court also considered the extent of the requirement objectively.

Final Decision: The revision petition was dismissed, confirming the judgment and decree in favor of the plaintiff.

JUDGMENT :

1. The defendant-petitioner has filed this revision petition under Section 14(8) of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as “B.B.C. Act”) against the judgment and decree dated 21.05.2014 and 02.06.2014, respectively passed in Eviction Suit No. 14 of 2009 by the learned Munsif-I, Chapra, Saran by which and whereunder he decreed the above stated suit ordering the defendant-petitioner to vacate the disputed shop and hand over possession of the disputed shop to plaintiff-opposite party within sixty days failing which the plaintiff-opposite party shall be at liberty to get the possession of disputed shop through the process of the court.

2. The plaintiff-opposite party filed aforesaid Eviction Suit No. 14 of 2009 against the defendant-petitioner seeking relief of eviction of defendant-petitioner from the shop as detailed in Schedule- 1 of the plaint on the ground as mentioned in Section 11(1)(c) of B.B.C. Act.

3. The plaintiff-opposite party averred in his plaint that the disputed shop situate on the ground floor of Harihar Market and apart from the aforesaid disputed shop, there are several other shops on the ground floor of aforesaid market. The defendant-petitioner was tenant of disputed shop no. 3 on the monthly rent of Rs. 533/-. The plaintiff-opposite party claimed himself to be owner of aforesaid shop and he needed the aforesaid shop for his sons who are unemployed and want to run a medical shop in the above stated disputed shop but even on several requests defendant-petitioner refused to vacate the aforesaid shop and also stopped giving rent to him. The plaintiff-opposite party sent a legal notice on 07.07.2009 to defendant-petitioner asking him to vacate the disputed shop but the defendant-petitioner neither vacated the shop nor gave any reply to the above stated legal notice and thereafter, plaintiff-opposite party filed the above stated Eviction Suit No. 14 of 2009.

4. The defendant-petitioner appeared and contested the eviction suit by filing his written statement in which apart from raising ornamental objections, the defendant, specifically, pleaded that he is tenant in the disputed shop and he used to pay rent to the plaintiff-opposite party and in lieu of aforesaid rent, the plaintiff-opposite party used to issue receipt thereof. However, subsequently, the plaintiff-opposite party stopped providing rent receipt to him and thereafter, he started sending rent to plaintiff-opposite party through money order. The defendant-petitioner specifically stated that plaintiff-opposite party runs a medical shop at Arya Samaj Road having name and style as Darshan Medical Hall. The plaintiff as well as his sons used to look after the aforesaid medical hall and subsequently, the plaintiff-opposite party got opened another medical shop adjacent to disputed shop having name and style as Shri Durga Medicines and the aforesaid medical shop is being look after by the elder son of plaintiff whereas Darshan Medical Hall is being look after by his younger son, namely, Raja Jaiswal and the plaintiff used to assist both the above stated sons and, therefore, so-called personal need of the plaintiff-opposite party is not bona fide. The defendant-petitioner further pleaded in the written statement that earlier, the plaintiff as well as his brothers were joint and they used to do different business but subsequently, for the sake of convenience, they separated and started looking after their separate business and after that separation, Darshan Medical Hall is being look after by the younger son of plaintiff. He further pleaded that plaintiff-opposite party brought the above stated suit for raising the rent and as a matter of fact, earlier the plaintiff as well as his brothers had pressurized several shop keepers of Harihar Market to increase the rent but the shop keepers filed cases before the rent controller and the rent controller fixed the genuine rent in the aforesaid cases and as a matter




























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