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2003 Supreme(Pat) 180

NAGENDRA RAI
Sushila Devi – Appellant
Versus
Lakhan Lal Sah – Respondent


Judgment

1. This civil revision application under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (herein after referred to as the Act) has been filed against the judgment and decree dated 23rd June, 2001 passed by Execution Munsif, Patna in Eviction Suit No. 56 of 1993 whereby the suit filed for eviction against the defendats/petitioners on the ground of personal necessity from the suit premises situate in Mohalia Machhuatoli, P.S. Kadam Kuan in the district of Patna described in Schedule I of the plaint has been decreed.

2. The case of the plaintiffs/opposite parties is that they constitute a joint Hindu family and plaintiff/opposite party No. 1 is the Karta. The property described in Schedule I was alloted to them in Partition Suit No. 311 of 1978 disposed of on 7.2.1979. The suit premises were let out to Mahangu Ram on monthly rental of Rs. 250/- and after his death his two sons are tenants, namely, the original defendant Rameshwar Prasad who died during pendency of the suit and substituted by his heirs and legal representatives and defendant no. 2/petitioner No. 6 Vijoy Kumar. The other two sons of the defendant though they were not tenants but w










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