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2009 Supreme(Pat) 1145

RAVI RANJAN
Md. Humayu Akhtar – Appellant
Versus
Rameshwar Chaudhary Son Of Late Tilak Dhari Chaudhary – Respondent


JUDGEMENT

Ravi Ranjan, J.

1. The petitioners, aggrieved by the judgment and decree dated 29th of March, 2008, passed in Eviction Suit No. 4/05 by the Munsif, Biharsharif, Nalanda, granting a decree of eviction in favour of the plaintiff-opposite party, have preferred this Civil Revision under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as "Act").

2. Plaintiff-opposite party filed the eviction suit concerned for evicting defendants- petitioners on the ground of bona fide personal necessity and also for damages at the rate of Rs. 30/- per day from 1.8.2005 up to the date of conferring possession of the suit property upon the plaintiff. The suit property, as described in Schedule-! of the plaint, is a shop, which is 6 ft. wide and 17 ft. of length.

3. Plaintiffs case, in short, is that the suit property is his ancestral property, upon which the joint family of the plaintiff is coming into possession since long. The joint family resides on the first floor of the house concerned, whereas on the ground floor there is a small market, in which there are six shops, three facing west and other three facing east. Further case

















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