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1991 Supreme(Pat) 131

SACHCHIDANAND JHA
Dinesh Kumar Purbey – Appellant
Versus
Mahesh Kumar Poddar – Respondent


Advocates appeared:
For the Petitioner: M/s Raghib Ahsan, Faroogue Ahmad Khan, Duresh Nandan and Aquil Ahmad.
For the Opp. Party : M/s Chunni Lal and Vijay Kumar Bhagat.

JUDGMENT

S.N. Jha, J.

In this application under section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act') the main question for consideration is whether, in a suit for eviction on the ground of personal necessity, a fresh attornment by the tenant to the land-lord's transferee is necessary.

2. The plaintiff opposite party filed Eviction suit No. 23 of 1986 with respect to the premises, situate in Darbhanga town, as described in schedule A of the plaint, stating that he is the exclusive owner of the suit premises by virtue of purchase under registered sale issued dated 16.1.1986 executed by Kamalendu Biswas. He belongs to a trading family and the purchase was made for the purpose of doing business in crockery. Notice was sent to the defendant-petitioner on 25.5.1986, who was in occupation of the suit premises from before, asking him to vacate the same on the ground of personal necessity. The defendant, however, did not vacate and hence the suit.

3. The defendant's case, in so far as it is relevant for the purpose of appreciating the point urged and arising for decision, is that he was a monthly tenant of one Kalyan Kumar Bis






























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