Patna High Court - Orders
Parmeshwari Devi & Ors vs Bajrangi Sao & Ors on 2 May, 2018
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.80 of 1998
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Parmeshwari Devi & Ors
.... .... Appellant/s
Versus
Bajrangi Sao & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Kameshwar Pd.Gupta
Mr. Khurshid Ahmad Siddiqui
Mr. Najeeb Ahmad
For the Respondent/s : Mr. S.S. Nayer Hussain
Mr. S.Foroz Raza
Mr. Ataul Haque
Mr. Md. Kamil Akhtar
Mr. Abbas Haider
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
9 02-05-2018Heard learned counsel for the appellants.
The plaintiff-respondent had filed Title Suit No. 12 of 1982 against the appellants under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short 'BBC Act') on 3.02.1982 on two grounds. Firstly that the plaintiff- respondent has personal necessity and secondly that the appellants are defaulter in payment of rent of December, 1981 and January, 1982.
The learned trial court dismissed the suit, however, learned lower appellate court has decreed the suit on the ground of default in payment of rent.
The substantial question of law to be considered is Patna High Court SA No.80 o f 1998 (9) dt.02-05-2018 2/2 whether the lower appellate court has erred in law in holding that the appellants are defaulter in payment of rent of the months of December, 1981 and January, 1982 on the date of institution of the suit on 3.02.1982 whereas Section 11(1)(d) of the BBC Act stipulates for payment of due rent of two months by the last day of the month next following that for which the rent is payable or within the time fixed by contract which is not a case at hand.
This appeal is admitted for hearing.
Call for the lower court records.
Let notice be issued to the respondents through speed post as well as ordinary process for which requisites etc. must be filed within two weeks.
(Birendra Kumar, J) Kundan/-
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