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1992 Supreme(Pat) 395

S.N.JHA, AFTAB ALAM
Bata India Ltd. – Appellant
Versus
Md. Qamruzzama – Respondent


Advocates Appeared:
For the Petitioner: M/s K. D. Chatterjee and Dilip Kumar Sinha.
For the Opp. Party: M/s Mojibul Haque and M. N. Samiullah

JUDGMENT

S. N. Jha & Aftab Alam, JJ. - In this revision under section 14 (3) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (in short 'the Act) the defendant-tenant has challenged the order of its eviction from the premises which is portion of a room of a house situated at Sabzibagh, one of the quarters of Patna town.

2. The plaintiff's case, in its material particulars is that he is a doctor by profession presently employed in the service of the State Government and due to supperannuate on 31.1.90. He intends to practise as a doctor and requires the premises to man his clinic for which the premises is quite suitable. According to the plaintiff further, he has five sons and four daughters, all unmarried, all of whom requires more space for studies, living and recreation. Two of the sons after completion of their studies are unemployed and they want to do their business. Thus, the plaintiff requires the premises bona fide for own use. On these averments the suit was instituted on 19.1.89. The defendant contested the claim saying that more suitable accommodation was available to the plaintiff. The premises situate in a narrow lane is not suitable for use as clinic an










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