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BIRENDRA PD.VERMA
Subhash Thawani – Appellant
Versus
Rai Atul Krishna – Respondent


Counsel for the Parties:
For the Petitioner:M/s. K.N. Choubey, Neeraj Kumar, Sidharth Harsh, Yogendra Kumar Dwivedi, Prabhat Kumar Munna, Ashok Kumar Garg, Sanjay Ojha. Advocates.
For the Opp. Party:M/s. Jashwir Singh Arora, Ajay Kumar, Ravi Bhatia, Advocates.

JUDGMENT

B.P. Verma, J.— The petitioner has filed the present civil revision application under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short “the Act”), questioning the validity and legality of the judgment and decree dated 30.5.2009 passed in Eviction Suit No.3 of 2005 by learned Execution Munsif, Patna decreeing the suit brought by the plaintiff opposite party herein for eviction on the ground of personal necessity in terms of Section 11(1)(c) of the Act.

2. Before coming to the factual backdrop of the present case, it would be relevant to mention here that originally against the instant impugned judgment dated 30.5.2009 passed in aforesaid Eviction Suit No.3 of 2005, C.R. No.1896 of 2009 was filed by one Krishna Bihari Ojha claiming himself to be the holder of power of attorney of present petitioner Subhash Thawani. In that Civil Revision No.1896 of 2009, Plaintiff Sri Rai Atul Krishna was impleaded as opposite party 1st Set and defendant Shri Subhash Thawani (the present petitioner) was impleaded as opposite party 2nd set. However, on the objection raised on behalf of the plaintiff opposite party 1st set regarding maintainability of
























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