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2004 Supreme(Pat) 22

NAGENDRA RAI
Bhola Prasad Sah – Appellant
Versus
Ram Dhani Prasad – Respondent


Judgment

1. The tenants have filed the present revision application under the proviso to section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, (hereinafter referred to as the Act), challenging the judgment and decree dated 17.7.2001 passed in Title Eviction Suit No. 30 of 1997, whereby the court below has decreed the suit of the plaintiff-opposite parties for eviction with regard to the properly detailed in Schedule-A of the plaint on the ground of personal necessity under section 11(1)(c) of the Act.

2. The suit premises consists of a shop (Katra) facing the main road and bearing holding no. 35, Circle no. 180, Ward no. 32. situated in Muhalla Jhauganj. P.S. Chawk, Patnacity, Patna. The case of the plaintiffs is that they are the land-lords and the father. of the defendants was inducted as tenant in the said shop on a monthly rental of Rs. 300/- and the last rent was paid up to the month of March, 1996. Thereafter, they stopped the payment of rent. Plaintiff no. 1 was in service and he retired in the year 1993. He has one unemployed son, namely, Shyam Sundar and one handicapped unmarried daughter, namely, Miss Madhuri Kumari. Due to Polio attack, said Mad














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