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1994 Supreme(Pat) 294

RAM NANDAN PRASAD
Hira Lal Prasad – Appellant
Versus
Satya Narain Mahto – Respondent


Advocates appeared:
For the petitioner: M/s Vijay Kumar Sinha No. 1, Ravi Shushan Pd. Sinha and Satya Nand Shukla.
For the opposite party : Mr. Raghav Prasad.

JUDGMENT

R. N. Prasad, J. - The defendant has filed this civil revision application against the order dated 8.12.1993 passed in Eviction Suit no. 8/89, whereby the amendment petition filed by the plaintiff has been allowed.

2. The plaintiff filed the eviction suit for eviction of the defendant from the shop (suit premises) on the ground of personal necessity and also for default in payment of rent. The case of the plaintiff was that there was a Pucca shop and a thatched shop on Plot no. 205. He took Rs. 30,000/- from the defendant for construction of the shop and for giving the same to the defendant. The defendant was inducted tenant of both the shops on a monthly rental of Rs. 90/- and 60/- respectively on 1.10.83. The defendant paid rent till August, 1988 and thereafter he stopped payment of rent from the month of September, 1988. In the plaint it was also stated that he required the suit premises for business by his grandsons who are sitting idle after finishing their studies. The defendant on demand refused to pay the rent as well as to vacate the suit premises.

5. The defendant appeared in the suit and denied the allegation made in the plaint. His stand was that Plot no. 205,












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