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2017 Supreme(SC) 342

KURIAN JOSEPH, R.BANUMATHI
Manti Devi – Appellant
Versus
Kishun Sah @ Kishun Deo Sao – Respondent


Advocates Appeared:
For the Appellants :- Nagendra Rai, Sr. Adv., Ms. Prerna Singh, T. Mahipal, Advs.
For the Respondents:- Gaurav Agrawal, Adv.

JUDGMENT

Kurian, J.

The appellants filed a suit before the Munsif Court, Patna City for ejectment of two katras on the ground of personal need. The appellants are mother and son. The suit was decreed on the following terms:-

"27. Issue No.II:- Have the plaintiff got valid cause of action for the suit.

The plaintiffs have sought for eviction of the defendants from the suit katras on the ground of their personal necessity. The plaintiffs have purchased the suit katra from the original landlord of the defendant no.1. The defendant no.1 denied to accept the plaintiff as his landlord and refused to pay the monthly rent to the plaintiffs. The defendant No.1 refused to pay rent to the plaintiffs on the ground that the plaintiffs were not landlord of the suit katra. The defendant no.1 also denied the relationship of tenant and landlord with the plaintiffs. It has been concluded above that the plaintiffs being the purchaser of the suit property stepped into the shoes of their vendors and by the fiction of law they become the landlord. In this view of the matter I find that the plaintiffs have got valid cause of action for the suit. In this way, Issue NO.II is also decided in favour of the plain














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