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1991 Supreme(Pat) 42

SACHCHIDANAND JHA
Bata Shoe Company Pvt. Ltd. – Appellant
Versus
Durga Prasad Gupta – Respondent


Advocates Appeared:
For the petitioner: M/s. K. D. Chatterj; & Abhijit Sinha;
For the opposite Party M/s. Bindabasini Pd. Sinha & Chitragupta Prasad.

JUDGMENT:-

S. N. Jha, J.

This revision under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as the 'Act') by the defendant is directed against an order for this eviction from the suit premises on the ground of personal necessity of the plaintiff-opposite party.

2. The plaintiff's case, shortly stated, is that the suit premises had been let out on rent for a period twenty years commencing from 18. 4. 1966. After the expiry of the aforesaid period of lease, the tenancy was to continue on monthly basis terminable by giving notice. After superannuation from service on 30. 11. 1985, the petitioner was in need of the suit premises for his own use to do business and as such, the defendant was liable for eviction on the ground of personal necessity under Section 11(1) (c) of the Act. According to the plaintiff, the suit premises was situated in the heart of Katihar town which was the best business centre of the town. An alternative plea of eviction on the ground of expiry of the aforesaid fixed term-lease on 17. 4. 1986 under Section 11(1) (e) was also taken. The plaintiff also alleged that the defendant by keeping the eastern part of



















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