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2013 Supreme(Pat) 298

JYOTI SARAN
Shakuntala Devi – Appellant
Versus
Sajjan Kumar Bajoria – Respondent


Advocates:
For the Petitioner: Mr. Bimlendu Mishra.
For the Respondent: Mr. Dhruv Narayan.

ORDER

This Civil Revision application under Section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the ‘Act’) is directed against the judgment and order dated 12.09.2011 passed in Title Eviction Suit No. 18 of 2005 by learned Munsif-II, Bhagalpur whereby the suit has been decreed with a direction to the defendant to deliver the vacant possession of the suit premises to the plaintiff within 60 days of the judgment and order. The defendant is before this Court in Revision.

2. I shall be referring to the party position as it existed before the trial court for the sake of convenience. The suit property is a shop measuring 18 feet x 9 feet bearing Municipal Holding No. 54 (old), 68(new) under Ward No. 8 (old) and 15(new) situated at Mahabir Prasad Dwivedi Road in the town and district of Bhagalpur. The suit in question was filed by the plaintiff for eviction. The tenancy is not disputed and the defendant has been in occupation of the shop in question since February, 1983. It is the case of the plaintiff that his son Prahlad Kumar Bajoria after passing his B.Com. examination in the year 2002 is sitting unemployed and hence he required t
















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