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2016 Supreme(Pat) 1423

VIJAYENDRA NATH
Martin & Harris Pvt. Ltd. – Appellant
Versus
Vardhaman Nagar Society – Respondent


Advocates Appeared:
For the Appellant : H.L. Tikku, Sr. Adv., Yasmeet and Amish Kumar, Advs.
For the Respondents: J.S. Arora and Saurav Pratap, Advs.

JUDGMENT :

Vijayendra Nath, J.

1. Heard Mr. H.L. Tikku, learned senior counsel appearing on behalf of the petitioner and Mr. J.S. Arora, learned counsel for the opposite party. The respective written submissions have also been filed on behalf of the parties. With the consent of the parties, this revision application is being disposed of by this judgment.

2. The defendant-tenant is the petitioner in this revision application which has been filed under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'B.B.C. Act') questioning the legal sustainability of the judgment and decree of eviction dated 03.08.2015 passed in Eviction Suit No. 31 of 2001.

3. The matrix of facts displays that there was a building known as Ariff Manzil which was under the occupation of the defendant-petitioner as tenant. This building was surrounded by a large area of vacant land belonging to the owner of the building. A suit for eviction was filed against the defendant-tenant by the owner landlord of the building seeking eviction of the defendant-petitioner. The said eviction suit ended in the order dated 17.08.1995 passed in terms of compromise before










































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