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2002 Supreme(SC) 1227

Akhileshwar Kumar – Appellant
Versus
Mustaqim – Respondent


JUDGMENT

R.C. Lahoti, J.-A decree for eviction upholding availability of ground under clause (c) of sub-section (1) of Section 11 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter the Act , for short) was passed in favour of the appellant-landlords and against the tenant-respondents by learned Munsif, Biharsharif. A revision preferred under Section 14(8) of the Act has been allowed by the High Court and decree of trial court set aside. The aggrieved landlords are in appeal by special leave.

2. It would suffice to briefly sum up and notice the facts, as alleged and found proved by the trial Court. Out of the four plaintiff-appellants, three are brothers and fourth is the sister. They are all sons and daughter of Ram Chandra Sao. Ram Chandra Sao has been running a business of dealing in onions and potatoes. Out of his three sons, plaintiff No.1 passed B.Sc. in 1984, plaintiff No.2 passed B.A. Hons. in 1994 and plaintiff No.3 passed matriculation in 1988. All the three sons are educated unemployed. The three brothers are in need of non-residential premises for running business, each of his own and separately from each other. The suit premises consist of two






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