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1978 Supreme(Pat) 10

MADAN MOHAN PRASAD
Mahabir Prasad Jhunjhunwala – Appellant
Versus
Ramchandra Prasad Choudhary – Respondent


Judgment

Madan Mohan Prasad, J.

1. This application in revision is directed against an order dated the 16th November 1976 passed under section 11-A of the Bihar buildings (lease, Rent and Eviction) Control Act, 1947.

2. It is said that opposite-party nos.1 and 2 (plaintiffs) filed a suit alleging that the house in question belonged to them and defendant first party their interest being 2/3rd and 1/3rd respectively and it had been let out to the petitioner-defendant second party on a monthly rental of Rs.150. the plaintiffs alleged that the defendant second party had not paid rent of the house to them for the period beginning with January, 1972. Accordingly, notice under section 106 of the Transfer of Property Act was served but the tenant did not vacate the premises and for that reason he became a trespasser. Thus on the 27th February 1974 the present suit was filed for eviction of the tenant and a decree for arrears of rent for the period January 1972 to April 1972 and for, damages with effect from May 1972 at the same rate. The plaintiffs, therefore, claimed Rs.400 as their 2/3rd share of the amount of Rs.600 the rental of the aforesaid months and Rs.2100 as their share of the dam
















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