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2016 Supreme(Pat) 1244

V.NATH
Laxman Rajak – Appellant
Versus
Srikant Roy – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ganpati Trivedi and Mr. Sanjay Kumar Pandey.
For the Respondent: Mr. Dr. Manoj Kumar.

JUDGMENT :

V. Nath, J.

1. Heard Mr. Ganpati Trivedi, learned senior counsel for the petitioner and Dr. Manoj Kumar, learned counsel for the respondents.

2. This revision application has been filed under Section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the BBC Act) questioning the legal sustainability of the judgment and decree dated 24.04.2013 whereby the order for eviction has been passed against the defendant.

3. The facts are not in dispute that the plaintiff purchased the suit premises from Kanhai Das. It is the case of the plaintiff that the defendant is the tenant in the suit premises before the purchase by the plaintiff. However, it is further case of the plaintiff that the defendant refused to pay the rent to the plaintiff for the suit premises. The suit however has been filed only on the ground of personal necessity alone seeking eviction of the defendant.

4. The defendant has contested the relief prayed by the plaintiff inter alia setting up title of the suit premises into himself on the basis of oral purchase of the suit premise from late Kanhai Das. It has been the case of the defendant that he was in possession of









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