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1996 Supreme(Pat) 706

M.Y.EQBAL
Abhay Kumar Pandey – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In all the writ petitions the solitary question involved is as to whether the respondent No. 2, Bihar State Financial Corporation (hereinafter referred to as the Corporations) has any authority under the land to forcefully evict the petitioners from the shop and premises which are in their occupation as tenant particularly in purported exercise of power under section 29 of the State Financial Corporation Act, 1951.

2. The brief facts of the case are that a marketing complex was created within the premises of Nilayasa Hotel belonging to one Naresh Chandra Karn of Tilkamanjhi, Bhagalpur. He inducted the petitioners as tenant in respect of respective shop premises on a monthly rent. According to petitioners although initially a lease for a fixed period of five years was created but nevertheless the petitioners were allowed to continue as monthly tenant on payment of monthly rent which was regularly paid by the petitioners. This owner of the premises, namely, Naresh Chandra Karn took a loan from the respondent No. 2, Bihar State Financial Corporation. On account of nonpayment of loan the Corporation auction sold the entire premises, namely, Nilanjasa Hotel taking recourse of













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