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1980 Supreme(Pat) 218

NAGENDRA PRASAD SINGH
Prakash Sao – Appellant
Versus
Bihar State Road Transport Corporation – Respondent


Judgment

1. The plaintiff is the appellant in this second appeal. The suit in question had been filed on behalf of the plaintiff for a declaration that he was a lessee of the defendant Bihar State Road Transport Corporation (hereinafter referred to as the "said Corporation") and as such he cannot be evicted from the premises which had been let out to him. It is the case of the plaintiff that the said corporation owned and possessed survey plot No. 666 of village Sherghati and it was let out to the plaintiff to run a refreshment room on a monthly rental of Rs. 60.00. The said premises was leased on basis of an agreement allowing the plaintiff to run the refreshment room for a period of one year from 1.01.1959.

2. According to defendant Corporation the plaintiff was not a lessee but a licensee and after expiry of the period, aforesaid he can be asked to vacate the premises in question.

3. The learned Munsif on a consideration of the document aforesaid and other facts and circumstances came to the conclusion that the plaintiff was a licensee and as such he can be directed to vacate the premises after the expiry of the period of license. On that finding the suit was dismissed. The appea













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