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1989 Supreme(SC) 298

M.H.KANIA, L.M.SHARMA
Kamala Devi Budkia – Appellant
Versus
Hem Prabha Ganguu – Respondent


Advocates:
D.P.MUKHERJI, M.P.Jha

JUDGMENT

SHARMA, J.:— The dispute in the present appeal by special leave is in regard to certain. premises in the town of Ranchi in Bihar which belongs to the appellants and in which a cinema is running. The contesting respondents have been occupying the property under a registered lease for a period of 20 years which expired on 31-7-1971. They served a notice on the appellants on 16-7-1971 claiming the right to continue in possession after 31-7-1971 as tenants from month to month. The appellants did not accept the claim and filed before Munsif, Ranchi a case purporting to be an application under S. 12 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter referred to as the Act). The respondents contested the application and raised several points in defence which were rejected by the learned Munsif. The appellants application was allowed and an appeal therefrom filed by the respondents was dismissed by the Judicial Commissioner, Ranchi. The respondents, then, moved the Patna High Court in its revisional jurisdiction inter alia, contending that the appellants application under S. 12 of the Act before the Munsif was not maintainable. The plea was accepted b



















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