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2001 Supreme(SC) 1582

S.N.PHUKAN, S.S.M.QUADRI
Rajendra Tiwary – Appellant
Versus
Basudeo Prasad – Respondent


JUDGMENT

Syed Shah Mohammed Quadri, J.

(1) THIS appeal, by special leave, is from the judgment and order of the High Court of Judicature at Patna in Second Appeal No. 304 of 1990 passed on 9/09/1997.

(2) THE parties are referred to as they are arrayed in the trial court. The respondents- plaintiffs filed Title Suit No. 167 of 1982 (12 of 1985) for eviction of the appellant-defendant from holding No. 1600 (new) (old holding No. 95) in Ward No.1 having an area of 7½ dhurs, Muhalla Waya Bazar, P.S.Siwan town P.S. No. 231, Siwan, Bihar (for short, the suit premises) on three grounds(1) default of the defendant in payment of rent from 14/08/1981 under clause (d) of sub-section (1) of Section 11(2) reasonable personal requirement in good faith for the sons of the plaintiffs under clause (c) of sub-section (1) of Section 11, and (3) damage to the suit premises under clause (b) of sub-section (1) of Section 11 of The Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (for short, the Act). The plaintiffs averred that they purchased the suit premises under three registered sale deeds of 17/03/198 1/04/1981 and Ap 14/04/1981 from one Kedar Nath Sinha and im


















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