ANIL KUMAR CHOUDHARY
Usha Devi W/o Late Budhu Saw – Appellant
Versus
Krishna Prasad Sahu H/o Late Radha Devi – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This second appeal under Section 100 of Code of Civil Procedure has been preferred against the judgment and decree dated 16.05.2015 passed by the learned Principal District Judge, Dhanbad in Title Appeal No. 134 of 2009 by which the in a judgment of reversal, the learned first appellate court allowed the appeal on contest and set aside the judgment and decree passed by the learned trial court being the court of Munsif-1st, Dhanbad in Title (Eviction) Suit No. 59 of 2003 dated 13.07.2009 whereby and where under the learned trial court dismissed the suit of the plaintiff on contest filed with the prayer for eviction of the defendants from the tenanted suit premises under the provisions of Section 11 (1) (b) (c) & (d) of the Bihar Building (Lease, Rent & Eviction) Control Act.
3. The case of the plaintiff in brief is that the plaintiff purchased the suit property vide registered sale deed from the original owner-Ram Mohan Agarwala. The father of the defendants was a monthly tenant in respect of the suit property on a monthly rental of Rs. 20/- payable according to English Calendar month from the first week of next succeeding mon
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