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1984 Supreme(Pat) 128

PRABHA SHANKAR MISHRA
Krishna Prasad – Appellant
Versus
Daha Devi – Respondent


Judgment

P. S. Mishra, J.

1. Defendants faced with the decree of eviction from a building to-which the Bihar Building (Lease, Rent and Eviction) Control Act, 1983 (hereinafter referred to as the Act) applies, have moved this Court in revision in Civil Revision No.3 of 1984 against the judgment and decree of eviction and in Civil Revision No.2010 of 1983 against the order refusing to set aside the ex pane decree under Order IX, Rule 13 of the Civil Procedure code. Plaintiffs opposite party filed the suit for eviction of the defendants-tenants from a shop situate in holding No.540, ward No.3 in the town of biharsharif, oh the ground of bona fide requirement for the occupation by the sons of plaintiff No.2 opposite parties No.2, a ground covered by Sec.11 (l) (c) of the Act. A suit numbered as Title Suit No.35 of 1983 of the court of Munsif at Biharsharif was entertained in accordance with the special procedure prescribed in this behalf under Sec.14 of the Act. The learned Munsif on 18th April, 1983 ordered for the issuance of summons for service by ordinary process through nazarat as also by registered post with acknowledgment due addressed to the tenants. There is nothing on the reco


















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