Heard learned counsel for the defendant/petitioner and
plaintiff/opposite Party.
2. This Civil Revision Application is filed under
Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction)
Control Act, 1982 (hereinafter referred to as BBC Act), against
the Judgment and Decree dated 29.06.2016 passed in Eviction
Suit No. 26 of 2005 by the learned Munsif 1st, Darbhanga.
3. The brief facts of the case are that the
plaintiff/opposite party, Smt. Renu Mishra @ Renu Kumari,
filed Eviction Suit No. 26 of 2005 before the learned Munsif
1st, Darbhanga, against the defendant/petitioner, Prem Shankar
Mishra, seeking Eviction from the suit premises at Muhalla-
Patna High Court C.R. No.265 of 2016(25) dt.08-07-2026
Balbhadarpur (Kanhiya Mishra Pokhar), Ward No. 37, Naka No.
07, Anchal- Bahadurpur, P.S.- Laheriyasarai, District-
Darbhanga, on the ground of bonafide personal necessity for
construction of a residential house, pleading that the defendant
was a tenant under her vendor, Krishna Kumar Mishra, who had
sold her the premises vide registered sale deed dated
15.02.2004, his own title being traced to a registered partition
deed dated 15.02.1949. The defendant contested the suit,
denying any landlord-tenant relationship and asserting that he
was a co-sharer of the land under the same partition deed and
not a tenant. The impugned order dated 29.06.2016 decreed in
favour of the plaintiff/opposite party, including the existence of
a landlord-tenant relationship, bonafide personal necessity, and
maintainability. Aggrieved thereby, the defendant/petitioner has
preferred the present Civil Revision under Section 14(8) of the
BBC Act before this Hon’ble Court.
