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1987 Supreme(SC) 955

S.RANGANATHAN, SABYASACHI MUKHARJEE
Jahejo Devi – Appellant
Versus
Moharam Ali – Respondent


Advocates:
A.K.SRIVASTAVA, B.B.Singh, SHANKAR GOPAL PAGIRE

Judgment

SABYASACHI MUKHARJI, J. :- Special leave granted and Appeal disposed of as follows :-

This is an appeal against the judgment and order of the High Court of Patna in second appeal, which was in respect of eviction from a premises at Arrah in Bihar. This is the landlords appeal. The landlord sued the tenant on the ground of default in payment of rent, as well as on the ground of bona fide need and also for arrears of rent. The eviction sought for was by a suit and the learned Trial Judge, the learned Addl. Munsiff decreed the suit on the ground of default in the payment of rent as well as on the ground of bona fide need of the landlord. It is not necessary in the view we have taken to set out in detail the grounds and the findings arrived at by the Trial Court. The Trial Court came to the conclusion that the tenant was a defaulter and that the defendant had full knowledge about the fact that the landlord and her family members reside at Meghalaya. The defendant had not paid rent for period of default i.e. from July, 1974 till the date of the suit to the plaintiffs at their address in Meghalaya. It was urged on behalf of the tenant that he sent money order to Sonabarsa address.









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