IN THE HIGH COURT OF JHARKHAND AT RANCHI Civil Revision No. 40 of 2019 Om Prakash Agarwal, aged 57 years. Son of Late Nek Chand Agarwal, resident of Purulia Road, Mango, P.O. and P.S. – Mango, Town – Jamshedpur, District – East Singhbhum.

….. Defendant / Petitioner Versus

1. Om Prakash Agrawal, son of Late Bhagirath Mal Agrawal.

2. Ratan Kumar Agrawal, son of Late Bhagirath Mal Agrawal.

Both residents of Dimna Road, Mango P.O. and P.S. – Mango, Town – Jamshedpur, District – East Singhbhum.

….. Plaintiffs / Opp. Parties

3. Karuna Devi, wife of Santosh Agarwal, daughter of Late Bhagirathmal Agarwal, resident of Golmuri Rice Market, P.O. and P.S. – Golmuri, Town- Jamshedpur, District – East Singhbhum.

4. Pramila Devi, wife of Dinesh Kumar Chowdhury, daughter of Late Bhagirathmal Agarwal, resident of Near Gurudwara Tuiladungri, P.O. and P.S. – Golmuri, Town Jamshedpur, District – East Singhbhum.

5. Manju Devi, wife of Sajjan Agarwal, daughter of Late Bhagirathmal Agarwal, resident of Mousbhandar Readymade Market, P.O. & P.S. – Ghatsila, District – East Singhbhum.

6. Uma Devi, wife of Santosh Chawdhury, daughter of Late Bhagirathmal Agarwal, resident of Bandhwan, P.O. & P.S. –

Bandhwan, District – Purulia, West Bengal.

7. Sumita Devi, wife of Rajesh Goel, daughter of late Bhagirathmal Agarwal, resident of Kunwar Singh Road, Ulidih, P.O. & P.S. –

Mango, Jamshedpur.

8. Bidya Devi, wife of Mahesh Agarwal, daughter of Late Bhagirathmal Agarwal, resident of Raj Kharswan, P.O. & P.S. –

Raj Kharswan, District – Seraikella-Kharswan.

9. Usha Devi, wife of Mukesh Agarwal, Daughter of Late Bhagirathmal Agarwal, resident of D’Costa Road, Jugsalai, P.O.

& P.S. – Jugsalai, Jamshedpur.

….. Proforma Defendants / Proforma Opp. Parties ---------

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA --------

For the Petitioner : Mr. Saibal Kumar Laik, Advocate.

For the Opp. Parties : Mr. P.A.S. Pati, Advocate.

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Order No. 12/Dated: 14^th July, 2025

1. Heard learned counsel for the parties.

2. The present civil revision has been filed against the judgment dated 30.05.2019 and decree sealed and signed on 10.06.2019 passed by learned Civil Judge (Junior Division)-I, Jamshedpur in Eviction Suit No. 04 of 2015, whereby and whereunder the suit filed on behalf of the plaintiffs / opposite parties was decreed and it was held that the plaintiffs are entitled for recovery of possession of said suit premises from the defendant / petitioner.

3. The plaintiffs have filed eviction suit against the defendant for recovery of possession of the suit premises described in schedule of the plaint by evicting the defendant therefrom. The plaintiffs have entered into a registered deed of lease with the defendant on 13.08.2010, whereby the plaintiffs granted lease of suit premises in favour of defendant for a fixed period of three years commencing from 01.07.2010 ending on expiry of 30.06.2013, as per terms of the lease deed the rent of the suit premises was fixed at the rate of Rs. 1200/- per month. After expiry of fixed period of three years there was no renewal of lease and no fresh lease deed has been entered into between the plaintiffs and defendant, the defendant should have delivered the vacant possession of the suit premises. Thereafter, the plaintiffs sent notice to defendant on 17.06.2013 through the lawyer requesting him to deliver the vacant possession of the suit premises, but the defendant failed to vacate the property, again the plaintiffs sent notice on 15.07.2013 to the defendant and the defendant sent a reply on 23.07.2013 and inspite of repeated demand the defendant failed and neglected to vacate the suit premises, therefore, the suit was filed. 4. On notice, the defendant appeared and filed his written statement stating therein that the defendant's father Late Nekchand Agarwal entered into the suit land bearing Old Plot No. 2473 in the year 1956-57 and constructed thereon out of his own fund within the knowledge of the deceased adopted father of the plaintiff namely Bebhra