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1997 Supreme(Pat) 656

M.Y.EQBAL
Bhanu Prasad – Appellant
Versus
Chandra Prasad – Respondent


Judgment

M.Y.Eqbal, J.

1. This civil revision application by the defendant-petitioner under Sec. 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as the Act for short) has been filed against the judgment and decree dated 30.1.1997 passed in Title (Eviction) Suit No. 29 of 1994 whereby the learned Munsif, 1st Court, Dhanbad, decreed the suit of the plaintiff-opposite party on the ground of personal necessity.

2. The plaintiff-opposite party filed the aforesaid suit for eviction of the defendant-petitioner on the ground of bona fide personal necessity as contemplated under Sec. 11 (1) (c) of the said Act.

3. The case of the plaintiff-opposite party is that he is the owner and the landlord of Schedule A property comprising within Holding No. 281, Ward No. I, within Dhanbad Municipality situate at Hirapur, Dhanbad. The plaintiff let out the suit premises on a monthly rent of Rs. 152.00 and the rent was payable by the first week of subsequent month. The plaintiff alleged that he has a big family, consisting of six sons and two daughters. Out of six sons and two daughters, four sons and one daughter are students and the plaintiff ha








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