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1987 Supreme(Pat) 139

S.K.JHA
Rajendra Mahto – Appellant
Versus
Hari Narayan Mahto – Respondent


Judgment

S. K. Jha, J.

1. The tenant-defendant of Eviction Suit No.5 of 1984 of the court of Subordinate Judge, Madhubani has moved this Court against the order dated 11-7-1985 passed by the trial court by which it recalled its previous orders dated 31-5-1985 and 14-6-1 85. By the order, dated 31-5-1985 leave had been granted under the provisions of Sec.14 (4) of the Bihar Buildings (Lease, rent and Eviction) Control Act, 1982 (Bihar Act 4 of 1983) (hereinarter referred to as the Act) and by the order dated 14-6-1985 the petitioners written statement has been accepted in the suit which was fully covered by the provisions of section 14 of the Act as the sole ground for eviction was alleged to be personal necessity. It is pertinent to take note of here that initially a composite suit was filed for eviction but subsequently the plaintiff opposite party (landlord) confined his suit for eviction only on the ground of personal necessity as laid down in section 11 (1) (c) of the Act for which a self contained Code has been incorporated in the Act in Sec.14 thereof. Therefore for all practical purposes the suit is one which is governed purely by Sec.14 of the Act.

2. There are only a few re


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