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2016 Supreme(Pat) 821

V.NATH
Md. Ehsam Rasul S/O Late Md. Ale Rasul – Appellant
Versus
Munni Devi W/O Late Bir Bhadra Prasad – Respondent


Advocates Appeared:
For the Petitioners: Mr. K.N. Choubey, Mr. Ambuj Nayan Choubey, Mr. Ashok Kumar Garg and Mr. Akhilesh Kumar Pandey.
For the Opposite Parties : Mr. S.S. Dwivedi, Mr. Ranjan Kumar Dubey and Mr. Rai Saurav Nath.

JUDGMENT :

V. Nath, J.

Heard Mr. K.N. Choubey, learned senior counsel appearing on behalf of the petitioner and Mr. S.S. Dwivedi, learned senior counsel appearing on behalf of the opposite party.

2. This revision application has been filed under Section 14(8) of the Bihar Building (Lease, Rent & Eviction) Control Act (hereinafter referred to in short the B.B.C. Act) against the judgment and decree dated 01.08.2013 passed by learned Munsif 1st, Gaya by which the learned court below has decreed the suit for eviction. At the outset, it would be pertinent to mention that there is no dispute regarding the relationship of landlord and tenant in between the plaintiff and the defendant. The suit premises as described in the plaint is a shop in the ground floor of the building of the plaintiff. The plaintiff filed the suit for eviction of the defendant on the ground of personal necessity for establishing her son in business after completion of his studies. It has been averred in the plaint that Vivek Kumar the son of the plaintiff is a student of the Bachelor of B.B.M. Course in 3rd year in Gaya College, Gaya. In the written statement, defendant denied the need of the plaintiff for establishin








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