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1998 Supreme(Pat) 7

SACHCHIDANAND JHA
Maheshwar Prasad Sharma – Appellant
Versus
Shobha Dvei – Respondent


Judgment

Sachchidanand Jha, J.

1. This revision by the defendant under Sec. 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (in short the Act) arises from an order of eviction passed by the Munsif Sadar (East), Muzaffarpur, in Title (Eviction) Suit No. 9 of 1985.

2. The opposite party and her mother Deo Sarani Devi (original plaintiff No. 1, since dead) filed the aforementioned suit for eviction of the petitioner from the suit premises situate at Diwan Road. Kalyani Bara, in the town of Muzaffarpur, on the ground of personal necessity. According to the plaintiff, the suit premises originally belonged to Rash Bihari Lal, who died in the year 1965 leaving behind two widows Saraswati Devi, since dead, and Deosarani Devi, and one daughter Shobha Devi, plaintiff No. 2, opposite party herein, born from Deosarani Devi. After his death, the entire property including the suit premises devolved on the two widows and the said daughter. On 14.12.70 Saraswati Devi executed a registered deed of gift transferring her half share in the properties in favour of Deosarani Devi. The two plaintiffs, thus, became the absolute owner of the properties including the suit premises. Sa










































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