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2002 Supreme(Pat) 953

NAGENDRA RAI
Anil Kumar Alias Anil Kumar Pachisiya – Appellant
Versus
Bengali Prasad Gupta – Respondent


Judgment

1. Heard learned counsel for both the parties.

2. The tenants are petitioners against the judgment and decree dated 21.3.2002, passed by the learned Subordinate Judge, Patna, decreeing the suit of the plaintiff- opposite parties filed for eviction of the petitioners from the suit premises on the ground of personal necessity under section 11 (1) (c) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 ( hereinafter referred to as the Act). It is admitted position that the proceeding has been conducted by adopting the special procedure as provided under section 14 of the said Act.

3. Admittedly, one Durga Devi Khemka was the owner of the property and she inducted the petitioners as tenants on a monthly rental of Rs. 2700/- per month. On 13.10.1993, the plaintiffs purchased the premises from Durga Devi Khemka and the petitioners having been informed about the aforesaid transfer, started remitting the rent to plaintiff-opposite party no. 1 through money order. The suit premises are a single storeyed pucca house consisting of partly asbestos roof and partly roof of wooden berge. The tenants were using the same for keeping papers and for other purposes. The southern













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