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1997 Supreme(Pat) 794

R.N.SAHAY
Ratanlal Baid – Appellant
Versus
Sohanlal Saha – Respondent


Judgment

R.N.Sahay, J.

1. By this application under Sec. 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, the petitioner who was defendant in the Eviction Suit brought by the opposite party for recovery of possession of the suit premises has challenged the order of the Munsif, Kishanganj, dated 21.11.95 whereby the suit has been decreed against the petitioner and he has been directed to vacate the suit premises within a month of the order.

2. The petitioner was inducted as a tenant by the landlord-opposite party Sohanlal Saha long time back. The tenancy consists of one Pacca room with G.C. Sheeting roof having Varandahs on both sides, courtyard, latrine, and tubewell situated in Sonarpatti Road, Kishanganj, on monthly rental of Rs. 85.00 . The landlord was serving as postmaster in village Pathawamari Sub-Post Office under Thakurganj Police Station in the district of Purnea. His two sons are unemployed. The landlord intended to engage them in a business but due to lack of accommodation he was not in a position to settle his sons. For this purpose he wanted the petitioner to vacate the residential premises in his occupation.

3. According its the landlord the su













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