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1999 Supreme(Pat) 258

AFTAB ALAM
Manju Devi – Appellant
Versus
State Of Bihar – Respondent


Judgment

Aftab Alam, J.

1. The facts of this case are both distressing and disturbing, distressing because it shows that at least for some persons the judicial process is no longer the natural choice for the enforcement of legal right or for the redressal of grievance and disturbing because in order to bye-pass and cut short the delay in the judicial process resort is not only made to illegal means but attempts are also made to find abettors and allies in the Police force.

2. The two petitioners in this case, who are wife and husband, allege that they were unlawfully and forcibly elected from the tenanted premises by the landlords with the aid and assistance of some police officials. The landlords (respondents 6 and 7) on the other hand state that the petitioners, having occupied the premises without payment of any rent for several years, finally abandoned it with a view to escape payment of the rental dues and the police on being apprised of the situation let them (the landlords) resume possession of the premises.

3. The disputed premises is a shop on the ground floor of a building bearing Municipal holding No. 649-B/395-B, circle No. 6, ward No. 11 and situated at Exhibition Road















































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