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Date : 17-12-2024 Heard Mr. Prashant Kumar, learned counsel for the petitioner and Mr. Waliur Rahman, learned counsel for the opposite party.

2. This Civil Revision application has been filed under Section 14(8) of the Bihar Building (Lease, Control and Eviction Control) Act, 1982 (hereinafter referred to as 'BBC Act') against the judgment and decree dated 29.08.2019 passed in Eviction Suit No. 11 of 2016 by the learned Munsif-I, Siwan which was filed seeking eviction of the defendant/petitioner from the suit premises on the ground of personal necessity and also other ancillary reliefs Patna High Court C.R. No.220 of 2019 dt.17-12-2024 for the shop, in question, which has been decreed by the Trial Court.

9. On the other hand learned counsel for the plaintiff/opposite party has submitted that plaintiff/opposite party has claimed bonafide personal requirement of the suit premises for their two sons, who are unemployed and defendant/petitioner himself admitted this fact that younger son of the plaintiff/opposite party is pursuing his studies. The plaintiff/opposite party has succeeded to prove this fact that he has personal necessity of the shop and the shop is in dilapidated condition. However, the defendant/petitioner himself admitted in paragraph no. 5 of his written statement that the tenancy has been coming since 1963 and further the defendant/petitioner in his written statement contended that the younger sons of the opposite party is pursuing his studies. Learned counsel for the plaintiff/opposite party submits that the Trial Court has come to the finding that relationship of landlord and tenant exists in between the parties and the plaintiff has Patna High Court C.R. No.220 of 2019 dt.17-12-2024 bonafide personal necessity of the shop for establishing his business and there is no pleading of the defendant/petitioner regarding partial eviction. It is further submitted that the scope of revision under the provision 2 of Section 14(8) of the BBC Act though wider than the scope of revision under Section 115 C.P.C. but is not so wide as to permit re-appreciation of evidence and reach to a different conclusion. The reliance has been placed in the case of Shree Bharat Bhushan Vs. Amar Kumar Salarpuria reported in 2012 (4) PLJR 100.

"Under Section 11(1) of the Control Act (BBC Act) which prohibits the landlord from obtaining a decree for eviction on the ground of personal occupation even though he may have to re-model the building to suit his convenience. The only requirement under Patna High Court C.R. No.220 of 2019 dt.17-12-2024 Section 11(1) (c) of the BBC Act is that the landlord must reasonably and in good faith require the building for his own occupation or for occupation of any person for whose benefit the building his held by the landlord".