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2006 Supreme(Jhk) 730

N.N.TIWARI
Surendra Sao – Appellant
Versus
Sheo Shankar Prasad Alias Jugeshwar Sahu – Respondent


JUDGMENT

Narendra Nath Tiwari, J.

1. In this civil revision under Section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as "the said Act") the petitioner has assailed the judgment and decree dated 18.02.2006 whereby the Court below has passed a decree for eviction of the defendant-petitioner on the ground of expiry of the lease of a fixed period.

2. The case of the plaintiff is that the suit premises was let out to the defendant by virtue of a registered agreement dated 11.07.1989 for a fixed period of 10 years commencing from 01.08.1989 and ending on 31.07.1999, on a monthly rent of Rs. 500/-. The defendant-tenant requested the plaintiff for renewal of the lease, for a further period often years, but the landlord- plaintiff refused to renew the lease and instead, filed the suit being Eviction Suit No. 11. of 1999. The tenant-petitioner contested the suit on the ground, interalia, that the notice was sent to the plaintiff by the defendant but the plaintiff had not taken any step as contemplated under Section 18(2) of the said Act and as such the tenancy stood automatically renewed for further period and the plaintiff was not entitled








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