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1988 Supreme(Pat) 349

S.SHAMSUL HASAN
Sadhu Sharan Sahai – Appellant
Versus
National Seeds Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioners: M/s Satyendra Krishna Prasad & Kaushal Kumar
For the Opposite Party : M/s Y.V. Giri and Jyoti Saran.

Judgment

S. Shamsul Hasan, J.

Plaintiffs are the petitioners here in this application against an adverse order passed under Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, (hereinafter referred to as ‘the Act’)

2. The opposite party, undisputedly, have been a tenant in the premises in question since 1968 and are paying a rent of Rs.275/- per month since then till today. Attempt to get the rent enhance by the petitioners have failed. The plaintiffs’ petitioners have filed the suit seeking eviction of the opposite party, a public sector under taking, on the ground of personal necessity. Succinctly stated, the personal necessity is that plaintiff no.1, who has been a practising lawyer of the Patna High Court and the working editor of the Bihar Bar Council Journal, published from Patna, now wants to shift his practice to Samastipur, which is his home district, his village Dhurlakh being about 2 kms. Away, Further his brother who is living in his home village wants also to shift to Samastipur to continue his law practice in Samastipur, because it is inconvenient for him to traval the distances from the village to the town everyday.

3. What was required to be examine









































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