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1993 Supreme(SC) 233

A.S.ANAND, B.P.JEEVAN REDDY
Bhoja Alias Bhoja Ram Gupta – Appellant
Versus
Rameshwar Agarwala – Respondent


Advocates:
D.P.MUKHERJI, J.P.GOYAL, M.R.Bidsar, Rajesh Agarwal

JUDGMENT

Dr. ANAND, J.:—This appeal, by special leave, filed by the tenant, is directed against the dismissal of his Second Appeal, in limine by the High Court of Patna (Ranchi Bench) on 12-4-1985.

2. The landlord filed a suit for eviction of the appellant from the residential-cum-shop premises situate at holding No. 224/ D Ward No. 7 Bazar Mohalla Jugsalai. Shorn of details the case of the landlord is that the appellant was a tenant under him on a monthly rent of Rs. 70/-, but had not paid the rent of the disputed premises with effect from October, 1975 to June, 1976 and being a defaulter for more than two months, was liable to be evicted. The landlord also claimed arrears of rent from October, 1975 to June, 1976 amounting to Rs. 630/-. The landlord also pleaded his own bona fide requirement of the suit premises. The suit was filed in the Court of Munsif, Jamshedpur in 1976 because even after a notice under Section 106 of the Transfer of Property Act, terminating the tenancy had been served on the tenant, he did not vacate the premises. The suit was resisted and it was pleaded on behalf of the tenant-appellant that the premises in dispute originally belonged to one Smt. Sita Devi K













































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