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2006 Supreme(Pat) 928

SYED MD.MAHFOOZ ALAM
Bhuvneshwar Pd. Gupta – Appellant
Versus
Dharmnath Prasad – Respondent


Judgment

Syed Md.Mahfooz Alam, J.

1. This second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 10.4.1990 passed by Sri Eric Mechyari, Additional District Judge, Saran, Chapra in Title Appeal No. 4 of 1987 reversing the judgment and decree dated 31.7.1987 passed by Sri Md. Mustaquim, Munsif Ist, Chapra in Eviction Suit No. 19 of 1985 whereby the learned Munsif had decreed the suit of the plaintiff-appellant for eviction of the defendants from the suit premises.

2. The plaintiff is the appellant in this second appeal. The case of the plaintiff, in brief, is that she is the owner of the suit house by virtue of the registered gift dated 14.12.1956 executed by her father-in-law in her favour. The original defendant Nos. 1 and 2 were tenants in the suit house at a monthly rental of Rs. 75.00 . The tenancy was started according to the English Calendar month. The original defendants 1 and 2 were paying rent to the plaintiffs father-in-law but after execution of the gift deed they were paying rent of the suit house to the plaintiff and in token of payment of rent, the plaintiff was granting Sada rent receipts to the original defendant Nos. 1 and 2








































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