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1983 Supreme(Pat) 293

SATYA BRATA SANYAL
Kedarnath Bohra And Another – Appellant
Versus
Md. Safiulla – Respondent


Judgment

1. How far the question "reasonably and good faith" required, as occurring in Sec. 11(c) of Bihar Buildings (Lease, Rent and Eviction) Control Act, is justiciable in a Court of Law, falls for decision in this second appeal, which is at the instance of plaintiff-landlords who have failed in the Courts below to obtain eviction of their tenant on this ground.

2. The case of the plaintiff-landlord is that in order to start their own business, they acquired the disputed premise on 3-7-1973 for a sum of Rs. 45,000/-, in which building, the respondent is holding a shop from before, as a tenant on a monthly rent of Rs. 60.00 only. The plaintiffs further case is that they have no independent business of their own, and they have no control over the affairs of the Hindu undivided family business, i.e., M/s. Mahadeo Bastralya, belonging to several members of their family. The disputed shop is near the railway station and according to then most suitable to fulfill their need and, therefore, they paid a higher price in its acquisition. The plaintiffs dont possess any vacant premise to start the proposed independent business. Plaintiffs thus bona fide and in good faith require the dispute


















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