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2001 Supreme(Pat) 953

P.K.DEB
Md. Jahangir – Appellant
Versus
Kirti Devi – Respondent


Judgment

P.K.Deb, J.

1. This revision petition has been preferred under Sec. 14(8) of the Bihar Buildings (Lease Rent and Eviction Control) Act, 1982 against the judgment and decree dated 28-2-2001 passed by the Munsif, IInd, Bhagalpur in Title Eviction Suit No. 1 of 1996. The plaintiff Opposite partys case is that she had purchased the suit holding from Prabhat Chandra Mishra through registered sale deed dated 23-8-1995/24-8-1995 and her name has been recorded in Bhagalpur Municipality on the basis of her possession and she got her name mutated in the Shirista of State of Bihar and was granted receipts on payment of rent. Admittedly the defendant-petitioner is a tenant in the suit premises on the basis of monthly rental of Rs. 250 on the basis of a Kiryanama dated 5-7-1986 which has been marked as Exhibit D executed by the exiandlord the Prabhat Chandra Mishra in favour of the petitioner. According to the plaintiff he purchased the suit property to settle her handicapped and unemployed son Binod Kumar Poddar by starting a Medicine Shop and, as such, suit premises is badly required by the plaintiff for bonafide personal necessity in good faith. Hence, the suit was filed. According t












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