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1991 DIGILAW 112 (PAT)

Ladu Lal Sah v. Shambhu Prasad Sah

1991-03-19

G.C.BHARUKA

body1991
JUDGMENT G.C. Bharuka, J. The present revision application has been filed by the sole petitioner under section 14(8) of the Bihar Buildings Lease, Rent and Eviction Control Act, 1982, against the judgment and decree dated 30/6/89/18.7.89 passed by the Additional Munsif II, Begusarai, in Eviction suit No. 101/85/29/89. 2. The plaintiff-Opp. party had filed the suit for eviction on the ground of personal necessity. The trial court, on a detailed consideration of the evidence adduced before it, has in para 23 of its judgment recorded a finding of facts to the effect that the house in question is bonafidely required for personal necessity of the plaintiff since he requires the same for opening a medicine shop. The aspect of partial eviction has also been considered in para 24 of the trial court judgment and it has been held that partial eviction can not fulfil the personal necessity of the plaintiff. 3. The above concluded findings of fact could not be assailed by the defendant-petitioner on any legally acceptable ground. 4. It has been asserted on behalf of the petitioner that the plaintiff-opp. party had failed to establish his title over the suit premises because the original Sale Deed in his favour was not exhibited in the case. This aspect has been considered in para 17 of the Trial Court judgment Certified copy of the sale deed was exhibited as Ext. 2. Evidence was adduced to the effect that the original sale deed was lost. As such certified copy of the sale deed was an admissible evidence. 5. Under the faces and circumstances, I do not find any merit in the revision application. It is, accordingly, dismissed.