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1986 Supreme(Pat) 48

SATYESHWAR ROY
Hemchandra Jha – Appellant
Versus
Anjana Lal – Respondent


Judgment

Satyeshwar Roy, J.

1. This is an application in revision filed under proviso to Sec.14 (8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (the Rent Act) challenging the order passed by the learned Munsif decreeing the suit for eviction of the petitioner from a building on the ground of personal necessity as provided under Sec.11 (l) (c) of the Rent Act.

2. According to the plaint, the opposite party-plaintiff resides in a rent building with her husband and family. The rented building is neither suitable nor sufficient for her accommodation. She requires the suit building for her own residence and for the occupation of her husband and children. The opposite party purchased the suit building on 24-2-1984 and the petitioner defendant is in occupation of the same as a tenant from before her purchase. After purchasing it, she repeatedly requested the petitioner to vacate it, but he did not. On these averments a decree for eviction was prayed. Although in the original plaint, the opposite party also stated that the petitioner had defaulted in paying the rent from March to July, 1984, that statement was deleted by amendment of the plaint before the service of




















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