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2010 Supreme(Pat) 1678

MUNGESHWAR SAHOO
Director Of National Cadet Corps – Appellant
Versus
Smt. Ram Piari Devi – Respondent


JUDGEMENT

Mungeshwar Sahoo, J.

1. This First Appeal has been filed by the defendants- appellants against the judgment dated 19.8.1983 and the Decree signed on 1.9.1983 by Sri Abhay Shankar Prasad, the learned Subordinate Judge, Bhagalpur in Title Suit No.176 of 1982 decreeing the plaintiffs-respondents suit for eviction.

2. The short facts which are necessary for disposal of this First Appeal may be briefly stated that the plaintiffs filed the aforesaid suit for eviction of the defendants-appellants on two grounds. Firstly, on the ground of default and secondly on the ground of personal necessity. It is alleged that they have purchased the suit premises for valuable consideration from the owner Narayan Chandra Ganguli and Nilanghu Chandra Ganguli on 29.11.1980 for the purpose of their residence. Plaintiff No.1 purchased the northern portion and the plaintiff No. 2 purchased the remaining portion. It is further alleged that the suit premises is under the occupation of appellants and the office of the group commandant of N.C.C. is running in the same premises. They were inducted as tenant by the vendor of the plaintiff and the rent was Rs. 500/- per month.

3. The defendants filed writ











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