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2012 Supreme(Pat) 42

V. NATH
Rajendra Poddar – Appellant
Versus
Shakuntala Devi wife of Sri Bijai Kumar Soni – Respondent


Advocates Appeared:
For the Appellant/s : Mr. Shivanandan Rai, Sr. Adv. Mr.Jai Prakash Singh, Adv.
For the Respondent/s: Mr. Chitranjan Sinha, Sr. Adv. Mr. Mukund Jee,Adv

JUDGMENT


(Per: HONOURABLE MR. JUSTICE VIJAYENDRA NATH)


Heard the learned counsel appearing on behalf of the appellants and also the learned counsel appearing on behalf of the respondents.

2. This appeal has been filed by the defendants against the judgment and decree of reversal passed by the Additional District Judge, F.T.C. II, on 24-6-2006 in M.T.A.No. 3 of 2002 reversing the judgment and decree passed by Munsif I, Begusarai on 24-1-2002 in Eviction Suit No. 28 of 1987 filed on the ground of personal necessity under section 11(c) of the Bihar Buildings (Lease, Rent And Eviction) Control Act, 1982.

3. Shorn of unnecessary details, the plaintiffs have come out with the case that the suit property originally belonged to Mosaheb Lal and after his death it was inherited by his only son Medni Prasad who also died leaving daughters only who inherited the entire property including the suit property and in partition amongst them it fell to the exclusive share of one of the daughters Nand Rani Devi. After the death of Nand Rani Devi, his son Deepak Shekhar inherited the property. The plaintiffs are purchasers of the suit property from Deepak Shekhar through four registered sale deeds date













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