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2007 Supreme(Pat) 1330

RAMESH KUMAR DATTA
Shobha Lal Modi – Appellant
Versus
Charu Lata Patel – Respondent


Judgment

1. Heard learned counsel for the parties.

2. The civil revision application has been filed against the order dated 19.4.2006 passed by Sri Md. Ajazuddin, Munsif, Katihar in Title (Eviction) Suit No. 19 of 1997, by which he has decreed the eviction suit on contest and directed the defendant petitioner to handover the vacant possession of the suit premises in favour of the plaintiff-opposite party.

3. The Plaintiff-Opposite Party filed the aforesaid suit for eviction on the ground of personal necessity. The plaintiff claims to have purchased the suit land through sale deeds dated 7.11.1990 from the previous owner. The defendant-petitioner was tenant of the said previous owner and on account of rent being fixed at Rs. 50/- an application was made before the House Rent Controller also in which the fair rent was fixed at Rs. 2202/- per month. Appeal against the same was preferred by the defendant-petitioner which is pending. The further case of the plaintiff was that she was carrying on film distribution business and her husband was also carrying on paper business. It was stated that the plaintiff and her husband were living alongwith two grown up sons at present in the house of



















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