Md. Neyaz Akhtar S/O Late Fahimuddin v. Bibi Rahat Parbeen W/O Md. Nasimuddin
2016-11-15
V.NATH
body2016
DigiLaw.ai
JUDGMENT : Heard Mr. Pravin Chandra Prasad, learned counsel appearing for the petitioners and learned counsel appearing for the plaintiff-respondent no.1. 2. This revision application has been filed under Section 14(8) of the Bihar Building( Lease, Rent & Eviction) Control Act (hereinafter referred to as B.B.C. Act) against the judgment and order for eviction dated 30.04.2013 by which the learned court below has granted the decree for eviction to the plaintiff and directed the defendant to vacate the suit premises. 3. The plaintiff’s case was that the tenant defendants were inducted as tenants in the suit premises on the basis of a registered lease deed on 01.09.1980 for a fixed term tenancy expiring on 31.12.1983. However, as the tenant-defendants did not vacate the suit premises after the expiry of the period of lease, the suit was filed praying for eviction. It would be relevant to mention here that the plaintiff also claimed arrears of rent against the defendants and another Eviction Suit No. 1(A)/1984 has been filed by the plaintiff. The learned counsel for both the parties have jointly submitted that the proceeding of the said suit has got no relevancy in the present revision application. 4. It transpires from the perusal of the impugned judgment and order that after considering the pleading and evidence as adduced by the parties, the learned court below has come to a finding that the plaintiff is entitled to a decree for eviction against the defendant on the ground of expiry of the period of lease. During the course of submission, learned counsel for the petitioners has not been able to show or establish any perversity or unreasonableness in the findings. 5. The learned counsel for the petitioners has further also accepted that after the expiry of the period of lease, the defendant-tenants were not entitled to remain in occupation of the suit premises. 6. After considering the submissions and stand on behalf of the petitioners, this Court comes to the conclusion that the impugned order for eviction against the defendant-petitioners is according to law. 7. The revision application is, accordingly, dismissed.