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KHATIM REZA
Sima Mishra – Appellant
Versus
Usha Mishra – Respondent
Khatim Reza, J.—Heard learned counsel for the parties.
2. This Civil Revision application has been filed under Section 14(8) of the Bihar Building (Lease Rent and Eviction Control) Act, 1982 (hereinafter referred to as BBC Act) against the judgment and decree dated 15.09.2017 passed by the Munsif-II, Sadar, Bhagalpur, in Eviction Suit No. 07 of 2006, which was filed for seeking eviction of the defendants/petitioners for the suit premises on the ground of personal necessity alone.
3. The plaintiff has pleaded that she along with her family members require the suit premises for her residence therein as she is presently residing in a tenanted premise. The defendants denied the title of the plaintiff and there is no relationship of landlord and tenant between the plaintiff and defendants.
4. The brief facts of the case is that plaintiff/opposite party is the owner and land lady within the meaning of BBC Act in respect of the suit premises which was purchased by the plaintiff from Shri Murari Mishra, Narendra Mishra and Stayendra Mishra besides other minors through two registered sale deeds on 01.02.1996 after payment of full consideration amount for which separate money receipts were gran
Transferee landlord can evict for personal necessity without attornment; unproven tenant-prior agreement to sell does not end tenancy; revisional court examines only legality, not reappreciates facts....
The court affirmed that a landlord must prove bona fide personal necessity for eviction, and failure to assert partial eviction undermines the tenant's defense.
The main legal point established is the requirement for a genuine, honest, and bona fide need of the landlord for eviction, as well as the mandatory consideration of partial eviction under the Bihar ....
The landlord's assessment of personal necessity is paramount, and courts should not interfere unless findings are perverse or unsupported.
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