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2001 Supreme(SC) 1367

S.N.PHUKAN, S.S.M.QUADRI
Chitranjan Burman: Om Prakash Bajoria – Appellant
Versus
Om Prakash Bajoria: Chitranjan Burman – Respondent


ORDER

These two appeals, by special leave, are from the judgment of the High Court of Patna, Ranchi Bench, in Second Appeal No.29 of 1980 dated September 30, 1997. They arise under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1947 (for short, the Act). Civil Appeal No.975 of 1998 is by the tenants (referred to in this judgment as Burmans ) and Civil Appeal No.3972 of 1998 is by the landlords (referred to in this judgment as Bajorias ).

2. The facts giving rise to these appeals may be stated in brief to appreciate the controversy in them. Title Suit No. Ill of 1974 was filed in the Court of Munsiff, Ranchi by Bajorias against Lachmi Sahu. the original tenant and the predecessor-in-interest of Burmans, for his eviction from shop No.1 measuring 6 x 8 x 6 feet (part of Municipal holding No. 1184). Ward II. Raudhir Prasad Street. Upper Bazar. Ranchi (hereinafter referred to as the shop ). The eviction was sought on two grounds ; (i) non-payment of monthly rent of Rs.20/- for a period of more than three years from February 1971 to June 1974) under clause (d) of sub-section (1) of Section 11; and (ii) reasonable personal requirement of Bajorias in good faith under clause (


































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