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2009 Supreme(Pat) 974

S.N.HUSSAIN
Chadradeep Kumar Son Of Sitaram Panwala – Appellant
Versus
Gatrumal Kanodia Son Of Late Madan Lal Kanodia – Respondent


JUDGEMENT

S.N.Hussain, J.

1. This civil revision has been filed by the defendant-petitioner under the proviso to Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as the Act for the sake of brevity) challenging the order of his eviction vide judgment dated 12.2.2008, by which the learned Munsif. Patna City, allowed Title Eviction Suit No. 25 of 1995.

2. The aforesaid suit was filed by the sole plaintiff-opposite party for eviction of the sole defendant-petitioner from the suit premises, namely, a shop at the ground floor of his building, on the ground of personal requirement as he wanted to do his business of export and import of pickles, ghee, coffee and garments in the said premises, for which he has already obtained licence from the authorities concerned.

3. It was further claimed by the plaintiff that the suit property originally belonged to one Gopi Kanodia, who had a son Vinod Krishna Kanodia and the said Vinod Krishna Kanodia had- a wife Pushpa Kanodia and three sons, namely, Uday Krishna Kanodia, Abhay Krishna Kanodia and Saday Krishna Kanodia. It was also claimed that the aforesaid owner Gopi Kanodia executed a Will dated 2
































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