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1994 Supreme(SC) 1026

B.L.HANSARIA, KULDIP SINGH
Raj Kumar Khaitan – Appellant
Versus
Bibi Zubaida Khatun – Respondent


JUDGMENT

Special leave granted.

The appellants-landlords instituted a suit seeking ejectment of the respondents-tenants from the premises in dispute before the Munsif, Darbhanga. The Munsif decreed the suit on the ground of bona fide requirement of the landlords and ordered the ejectment. The High Court in exercise of its revisional jurisdiction reversed the findings of the Munsif on the short ground that there were no specific pleadings on the record regarding the bona fide requirement of the landlords.

2. We have heard learned Counsel for the parties. Paras 11 and 12 of the plaint wherein bona fide requirement has been pleaded are as under :-

"11. That the plaintiffs have got no other means of livelihood and wants to start a business of their own in the Schedule II premises which is a fit and suitable site for business and has no building other than this for the said purpose and also that the plaintiffs have no means to hire another building to the similar site and as such require the disputed house for bona fide purpose.

12. That the plaintiffs require the Schedule II property for their personal necessity and the defendants are deliberately avoiding to vacate the same in spite of th





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