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1995 Supreme(Pat) 356

NARAYAN ROY
Food Corporation of India – Appellant
Versus
Vishun Properties & Enterprises – Respondent


Advocates Appeared:
For the petitioner: Binod Shankar Tiwary
For the opp. party :Y. V. Giri Senior, Advocate, Mr. M. N. Parbat, Mr. Jyoti Saran

ORDER

Heard counsel for the parties.

This is an application under section 14(B) of the Bihar Buildings (lease, rent & eviction) Control Act, 1982 (hereinafter referred to as the Act).

Since the opposite parties have already appeared in this Civil Revision application, I intend to dispose of the same at the stage of admission itself. It appears that the suit for eviction under section 11(1) (c) (e) of the Act was filed on behalf of the plaintiffs. Petitioners, after taking due leave of the court, contested the suit by filing written statement. The learned court below, after taking into consideration the relevant facts and materials on record and also evidence adduced in the case, held that plaintiffs required the suit premises bona fidely and reasonably for their personal use.

Learned counsel appearing for the petitioners submitted that the plaintiffs had not established their needs in the suit for personal necessity and there was evidence on record that the plaintiffs have other premises to use and in that view of the matter, the suit could not have been decreed. It has further been urged on behalf of the petitioners that there is no finding by the learned court below on the question








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