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2022 Supreme(Pat) 742

SUNIL DUTTA MISHRA
Shyambabu Sah – Appellant
Versus
Shyam Babu Sah – Respondent


Advocates:
For the Petitioner: Mr. Surendra Kishore Thakur.
For the Respondent: M/s Yogendra Mishra, Arvind Kumar Jha.

Sunil Dutta Mishra, J.—Heard Mr. Surendra Kishore Thakur, learned counsel for the petitioner and Mr. Yogendra Mishra, learned counsel for the opposite party.

2. This Civil Revision Application has been filed under Section 14 (8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, (hereinafter referred to as the ‘Act’) on behalf of the tenant/defendant/petitioner for setting aside the judgment and order dated 16.06.2016 passed by the Munsif, Sheohar in Eviction Suit No.03/2008 whereby and whereunder the learned Court below has decreed the Eviction Suit in favour of the plaintiff on the ground of personal necessity.

3. The plaintiff’s case in brief, is that plaintiff purchased the suit property and constructed rooms for the purpose of establishing a market (known as Bhukhlu Sah market). The defendant/petitioner approached the plaintiff/respondent to let out the room to him for establishing a printing press and after negotiation, the plaintiff/opposite party let out the suit premises to the defendant on monthly rent of Rs.500/-. The plaintiff due to personal requirement for godown to expand his own business and as such needed the tenanted premises in good faith for personal nec

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