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1971 Supreme(Pat) 77

SHAMBHU PRASAD SINGH, SHIVESHWAR PRASAD SINHA
Mahabir Prasad Saraogi – Appellant
Versus
Bibhuti Mohan Bhattacharjee – Respondent


Judgment

Shambhu Prasad Singh, J.

1. This second appeal by the plaintiffs arises out of a suit for eviction from a house situate in the town of Dehri-on-Sone and for arrears of rent. Eviction was claimed on all the possible grounds available, namely, personal necessity, default In payment of rent for the months of October and November, 1962, expiry of the term of the lease and also breach of the conditions of the tenancy. The defendants-respondents denied all the allegations. According to them, there was no personal necessity, there was no default in payment, of the rents for the months of October and November, 1962 which, were remitted by postal money order, there was no breach, of any of the conditions of the tenancy end the tenancy not being for a fixed term there was no question of expiry of the lease. The suit has been decreed so far as arrears of rent are concerned, but has been dismissed in respect of the claim for eviction. On all the questions relating to eviction both the Courts below have concurrently found against the appellants.

2. Mr. Rameshwar Prasad, learned counsel for the appellants has submitted that the findings of the Courts below on the questions of personal ne













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