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1954 Supreme(Pat) 95

V.RAMASWAMI, AHMAD
Bhagwan Das – Appellant
Versus
Sm. Dulari Jaiswal – Respondent


Judgment

1. In this case the petitioner, Bhagwan Das, has moved the High Court for issue of a writ in the nature of certiorari for calling up and quashing the order of the Commissioner of Chotanagpur Division dated 9-9-1953 affirming an order of the Deputy Commissioner of Singh bhum dated 6-8-1952, directing the petitioner to vacate certain premises under the provisions of Sec.11, Bihar Buildings (Lease, Rent and Eviction) Control Act (3 of 1947). In the alternative, the petitioner has prayed that the High Court may interfere with the order of eviction passed by the two tribunals under Article 227 of the Constitution.

2. The petitioner is a tenant in respect of a house in Mouza Dhatkidih of which opposite party No. 1 is the landlord. On 5-12-1950, the landlord filed an application before the House Controller for eviction of the tenant on the ground of personal necessity. The application was dismissed by the House Controller, and an appeal was taken to the Deputy Commissioner on behalf of the landlord. The appeal was allowed by the Deputy Commissioner on 23-1-1952. But in revision the Commissioner of Chotanagpur Division held that the application of the landlord should be dismissed.
















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