IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.2104 of 2008

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Vinod Kumar son of late Vishawanath Agrawal M/s Birdhi Chand Gauri Shankar

by the side M/s Laxmi Readymade, Mohalla Saraiyaganj P.O. + P.S. Town

Muzaffarpur, District-Muzaffarpur.

.... .... Petitioner/s

Versus

1. Raghunath Prasad son of late Laxmi Prasad Choudhary.

2. Sri Vijay Kumar Choudhary

3. Sri Ajay Kumar Choudhary both sons of Sri Raghunath Prasad all are residents

of Mohalla Saraiyaganj P.O. and P.S. Town and District-Muzaffarpur.

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Om Prakash, Adv.

For the Respondent/s :

Mr. Alok Anand, Adv.

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CORAM: HONOURABLE MR. JUSTICE V. NATH

ORAL JUDGMENT

Date: 18-07-2017

Heard learned counsel for the parties.

This revision application has been filed under Section 14

(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act,

1982 (hereinafter referred to as the „B.B.C. Act‟) against the judgment

and decree of eviction passed in Eviction Suit No. 02 of 2004.

The tenant-defendant is the petitioner in the present

revision application.

The suit property as described in the plaint is a shop

having an area of 140 sq. ft. situated of a room or outer Barandah with

door abutting Saraiyaganj main road Muzaffarpur. From the said

description, it also transpires that Saraiyaganj main road is adjacent

Patna High Court C.R. No.2104 of 2008 dt.18-07-2017

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north to the suit shop. The further averments made in the plaint, it also

transpires that the suit shop is the part of the residential building of the

landlord-plaintiffs wherein the ground floor is used for commercial

purposes having three shops. From the depositions of the plaintiffs

examined as witnesses in the suit, it is also clear that the eastern most

shop is occupied by the plaintiff no. 3 Ajay Kumar Choudhary and the

shop in the middle is occupied by the plaintiff no. 1 where they carry

on their respective businesses. The shop subject matter of eviction in

the suit is the western most shop in the building which is in

occupation of the defendant as tenant where he carries on his clothe

business. The suit has been filed seeking eviction of the tenant-

defendant on the ground of personal necessity of the plaintiffs for

establishing the plaintiff no. 2 Vijay Kumar Choudhary in business of

groccery or stationery in the said shop. It is the case of the plaintiffs

that they hail from a trading community and business is the main

source of income and livelihood and as the plaintiff no. 2 has been

sitting idle for want of suitable commercial premises therefore the

need for eviction of the defendant from the suit premises has arisen.

The tenant-defendant has contested the assertions and

relief for eviction as sought for by the plaintiffs mainly on the ground

that the plaintiff no. 2 Vijay Kumar Choudhary is already carrying on

his business in the middle shop room in the building as the plaintiff

Patna High Court C.R. No.2104 of 2008 dt.18-07-2017

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no. 1 Raghunath Prasad is living a retired life looking after the

business of his two sons and therefore, the case of the personal

necessity for the suit premises as setup by the plaintiffs is not through

and correct. It has also been alleged that the defendant had already

vacated 5 feet from east to west and 15 feet from north to south from

his tenanted premises which has been utilized by the plaintiffs for

extending the area of the middle shop room. In his deposition in the

suit, the defendant, however, has stated that the plaintiffs forcibly

evicted him from the said area of 5 feet into 15 feet in the year 1998

against which he did not make any complaint or case any where. The

defendant in his deposition has further expres