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2024 Supreme(Pat) 203

NAWNEET KUMAR PANDEY
Satyendra Singh – Appellant
Versus
Rashmi Mehra – Respondent


Advocates Appeared:
For the Petitioner: M/s S.S. Dwivedi, Sr. Adv., Uma Shankar Singh.
For the Respondent: M/s Sanjay Kumar Giri, Vikas Ratan Bharti, Manoj Kumar Singh.

Nawneet Kumar Pandey, J. – I have already heard the learned counsels for the parties.

2. The present civil revision application has been preferred by the defendant/petitioner to set aside the judgment/order dated 02.05.2014 in Eviction Suit No. 11 of 2008, passed by Munsif, Dehri-on-sone, Rohtas, directing the defendant/petitioner to vacate suit premises in favour of the plaintiff/opposite party.

3. The brief fact of the case is that the landlady of the premises/plaintiff/opposite party brought a suit against the defendant/petitioner with the averment that he is the tenant of the premises in question and is running a shop of confectionery/ sweets. As per the deed of kirayanama, the tenancy commenced on 01.01.2008 and was to be terminated on 30.11.2008. The rent payable was fixed at Rs. 800 per month. The deed of rent agreement is Ext. 1. It was stipulated in the deed that the premises was to be vacated at a prior notice of two months. In paragraph-2 of the plaint, it has been averred that, without the consent of the landlady, the petitioner herein installed an overhead water tank in his shop. She sent a letter to the petitioner/tenant on 27.05.2008 for removal of the overhead water t

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