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1973 Supreme(Pat) 197

HARI LAL AGRAWAL
Bramheshwar Daya – Appellant
Versus
Basanti Devi – Respondent


Advocates Appeared:
For the Petitioners: Mr. Kumar Brajendra Nath;
For the opposite party : Mr. S. Mustafi

JUDGMENT

H. L. Agrawal, J.

This application in revision has been filed by the substituted defendants in a suit brought by the ancestor of the opposite parties who have also been substituted in place of the original plaintiff, Ram Singhasan Prasad. The suit was instituted by the said plamtiff against one Laianjee Sahay on whose death during the pendency of the suit, the present petitioners, being his son and widow, were subtituted on the 28th April, 1971.

2. The suit was for the eviction of the said defendant from the premises situated in the town of Arrah on the ground of personal necessity and default in payment of the house rent since July, 1966, till the date of the suit. The defendant, Lalanjee Sahay, filed his written statement on the 13th February, 1968, contesting the suit of the plaintiff and thereupon an application under section 11A the Bihar Buildings (Lease, Rent and Eviction) Control Act was made by the plaintiff, on the 19th March, 1968. The learned Munsif passed an order on the said application directing the defendant to deposit all the arrears of rent till that date and also the current and future rent by 15th of the following month, failing which his defence against e




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