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2005 Supreme(Pat) 621

S.N.HUSSAIN
Vinod Kumar Gupta – Appellant
Versus
Pushpa Devi – Respondent


Judgment

S.N.Hussain, J.

1. Heard learned counsel for the parties. The petitioners are defendants of Title Eviction Suit No. 16 of 1992 which was filed by the opposite parties on the ground of personal necessity of opposite party no. 2 for the purpose of his Oil Mill business. Since the case was only on the ground of personal necessity of the suit premises, which is a building, it was under the provisions of Section 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act for the sake of brevity) and hence the court proceeded under the provision of Section 14 of the Act.

2. The defendants-petitioners are aggrieved by the impugned order of eviction dated 28.3.1998, by which the learned Munsif, Patnacity decreed the aforesaid suit.

3. The contention of the learned counsel for the defendants-petitioners was that the original owner of the suit land was one Santosh Prasad Singh, from whom the defendants took the Parti land at the rent of Rs.507- per month, thereafter the defendants made construction over the said land out of their own income and hence the building exclusively belonged to them. He further submitted that subsequently









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