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1988 Supreme(SC) 639

S.RANGANATHAN, SABYASACHI MUKHARJEE
Manmohan Kaur – Appellant
Versus
Surya Kant Bhagwandi – Respondent


Advocates:
D.P.MUKHERJI, H.K.PURI, SHANKAR GOPAL PAGIRE

JUDGMENT

SABYASACHI MUKHARJI, J.:— Special leave granted. The appeal is disposed of by the judgment herein.

2. This is an appeal from the judgment and order of the High Court of Patna (Ranchi Bench) dated 7th of July, 1988. By the aforesaid order the High Court confirmed the striking off of the defence of the appellant in a suit for eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter called the Act) on, the ground of personal necessity and change of the nature of the business by the appellant etc. The plaintiff-respondent filed a suit for eviction against the defendant- appellant from the shoproom under S. 11 of the said Act on the aforesaid grounds. The appellant filed the written statement contesting the said suit. The case of the appellant was that the respondent-landlords case was false and a pretext for re-letting the premises for much higher rent after her attempt to increase rent did not succeed. It was further alleged that the landlord had sufficient alternative accommodation which would not entitle him to get a decree. It was denied that there was no change of business carried on apart from those business permitted by the contract of










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