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. This revision application has been filed under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1992(hereinafter referred to as BBC Act) against the judgment and order of eviction dated 09.11.2009 passed by Munsif II, Bhagalpur in Eviction Case No. 26/03 by which the suit filed by the plaintiff- opposite party seeking eviction of the defendant-petitioner has been decreed.

3 Patna High Court C.R. No.29 of 2010 dt.20-04-2012

11. It has been submitted by Mr. Rajendra Narayan, the learned senior counsel appearing on behalf of the opposite party, that the defendant has not produced any evidence to establish that any other shop belonging to the plaintiff was vacant on the date of filing of the suit. It has been contended that in the family arrangement, the plaintiff was allotted only two shops and both were in occupation of the tenants when this suit was filed. Referring to the Explanation II in Section 11 of the BBC Act, it has been urged that the legislature in his wisdom has clarified the position that the choice of the landlord is unfettered and it is not for the tenant to say that the landlord can carry on business in other premises, which may be available.

14. In view of the finding on the issue of relationship of landlord and tenant between the plaintiff and the defendant, the decision reported in 1989 PLJR 381, relied upon on behalf of the petitioner has got no application.

8 Patna High Court C.R. No.29 of 2010 dt.20-04-2012

15. The primary object of introducing special procedure under Section 14 of the BBC Act is only to shorten the period of litigation in eviction suits where eviction has been sought either on ground of personal necessity or expiry of lease, as the general procedure prescribed in the Code of Civil Procedure has not been found adequate to provide prompt and quick relief to a landlord. Keeping in this view, the right to appeal or second appeal against the decree and order for eviction has been curtailed and a remedy by way of revision before the High Court has been provided. However, the scope of revision under proviso to Section 14(8) of the BBC Act, though wider than the scope of revision under Section 115 C.P.C. is not so wide as to permit reappreciation of evidence and reach to a different conclusion. According to the wordings of the provision, the revisional court is required to test the validity of the order of eviction only to find out whether it is in accordance with law. The Hon'ble Apex Court also in ( Chandrika Prasad & Ors.Vs. Umesh Kumar Verma & Ors.) 2002 (1)SCC 531 while considering the scope of Section 14(8) BBC Act has observed as follows:-