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KHATIM REZA
Binay Kumar (Male) – Appellant
Versus
Shankar Nath – Respondent
Khatim Reza, J.—Heard Mr. Jitendra Kishore Verma, learned counsel for the appellant and Mr. Surendra Kishore Thakur, learned counsel for the respondent.
2. This Second Appeal has been filed by the defendant-appellant-appellant challenging the judgment and decree of affirmance dated 16.09.2022 passed by the learned Additional Judge XVI, Patna in Title Appeal No. 65 of 2015 affirming the judgment and decree dated 26.06.2015 passed by the learned Court of Munsif III, Patna in Title Suit No. 36 of 2011 whereby, the suit was decreed.
3. The matter arises out of Eviction Suit No. 36 of 2011, which was filed by the plaintiff/respondent for eviction of the defendant from the suit premises for bonafide requirement to comply the terms and conditions of the Hire Purchase Agreement between the Plaintiff/Respondent and Bihar State Housing Board (in short ‘Board’) as the Plaintiff/Respondent has constructed three commercial shops unauthorisedly so, the Final Conveyance Deed was not being executed in favour of the Plaintiff by the Bihar State Housing Board due to non demolition of the unauthorized shops by the plaintiffs.
4. The learned Trial Court decreed the suit. The defendant/appellant preferred
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