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1998 Supreme(SC) 822

A.S.ANAND, M.SRINIVASAN
Ram Prasad Rajak – Appellant
Versus
Nand Kljmar And Bros – Respondent


Judgment

Srinivasan, J.-The appellant is landlord of a shop measuring 6 x 17-1/2 which is occupied by the respondents as tenants. The appellant filed Eviction Suit No. 19/85 under the general law in the Court of District Munsif, Giridih for evicting the respondents on two grounds:-

(i) non-payment of rent and

(ii) bonafide personal requirement.

The suit was dismissed and an appeal by the appellant also failed. He filed a second appeal, during the pendency of which he filed the present Eviction Suit No. 35/89 on the file of the District Munsif, Giridih under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (for short, ‘the Act’) on the ground of bonafide requirement for personal occupation. That suit was dismissed by the Trial Court. On appeal, the appellant succeeded and got a decree for eviction against the respondents. Against the said decree, the respondents filed a Civil Revision Petition under Section 14(B) of the Act. When the said Revision Petition was pending the appellant withdrew his Second Appeal filed in the earlier proceedings and got it dismissed. Thereafter, the High Court allowed the Revision Petition


















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