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1975 Supreme(Pat) 203

HARI LAL AGRAWAL
Indu Bhusan Bose Choudhary – Appellant
Versus
Hari Bhajan Singh – Respondent


Judgment

1. This is a defendants second appeal arising out of a suit for ejectment from a house described in Schedule B of the plaint situated in Mauza Kheshmi, in the District of Dhanbad, on two grounds, namely, default in payment of monthly rentals and personal necessity. Admittedly, the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, have not been made applicable to the area in question and therefore the two grounds for eviction taken by the plaintiffs are not relevant as under the general law the consideration would be quite different.

2. Originally, the suit premises belonged to one Makund Lal Sud. By a registered sale deed dated 19-3-1964, the plaintiffs purchased the same. The defendant was already in occupation of the premises in suit from before on a monthly rental of Rs. 35/-, and admittedly according to the English Calendar month. The sale deed was taken in the names of all the six plaintiffs, out of whom, four, namely, plaintiffs Nos. 3 to 6 are minors and the two major plaintiffs, namely, Har Bhajan Singh and Hardayal Singh are brothers. After the purchase aforesaid, the tenant defendant and the plaintiffs landlords entered into an agreem















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