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1998 Supreme(SC) 1095

S.SAGHIR AHMAD, K.T.THOMAS
Rajendra Pratap Singh – Appellant
Versus
Rameshwar Prasad – Respondent


Order

Subject matter of this litigation is a shop-room. It was rented to the petitioner on a monthly rent of Rs. 90/-. Ownership of the building had passed from the then landlord to Smt. Indrajit Kaur who, in 1982, started the litigation for eviction of the petitioner from the build­ing. The landlord set up a few grounds for eviction as are envisaged in Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (for short ‘the Bihar Act’). During pendency of the suit for eviction, ownership of the building has again been transferred and the present respondent has come into the field. After he got himself impleaded as a plaintiff he jettisoned most of the grounds put forth in the suit for eviction and confined to the surviving ground that the period of tenancy has expired. From the trial Court up to the High Court the landlord succeeded on the said ground. This Special Leave Petition has been filed in challenge of the aforesaid decree of eviction as con­firmed by the High Court.

2. Under Section 11(1)(e) of the Bihar Act a landlord has the right to evict his tenant from a building in execution of a decree passed on the ground that the period of tenancy has expired. Petitioner-tenant






























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