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1999 Supreme(Pat) 137

P.K.DEB
Gajendra Prasad Sinha – Appellant
Versus
Man Mohan Prasad Sinha – Respondent


Advocates Appeared:
For the Petitioners: M/s Subhash Kishore Verma, Sanjay Kumar. Kumod Kr. Srivastava.
For the opp. Party : Mr. Prakash Shrivastav.

ORDER

This revision petition has been preferred under Section 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, against the judgment and decree dated 23.11 .1995 and 7.12.1995 originally by the 1st Addl. Munsif, Darbhanga, in Eviction Suit No. 17/91 by which the defendants petitioners have been sought to be evicted on the ground of personal necessity by the plaintiff-opp. party.

2. Originally, one Maju Alar was the owner of the suit property. The plaintiff- opp. party is a retired government employee. He purchased the suit premises from Maju Mian for a consideration of Rs. 10,000/-. Earlier to the sale deed there was a Mahadanama in favour of the plaintiff-opp. party on 16.9.1995 on an earnest money of Rs. 2,000/-. Subsequently, also a further sum of Rs. 2,000/- was paid to Maju Mian on 28.8.1988, and after payment of full consideration money the sale deed was executed on 21.6.1990. His name was, mutated in the municipal records and the records of the Government of Bihar. After retirement, the plaintiff opp. party filed the eviction suit for his own accommodation. It is stated that he had no accommodation in the town when he needs the same very much for whi





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