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Shyama Kant Jha And Anr. vs Smt. Shakuntala Pandey on 4 November, 2004

Learned counsel for the petitioner submitted that the plaintiff has taken a loan of Rs.25000/- from him on one occasion and Rs.15000/- on another occasion and, thereafter, he has not paid the same and for which a written panchnama was prepared. Thus, the plaintiff has retaliated by filing this suit. It has also been contended that many witnesses have been examined on the issue of this panchayati as well as panchnama. Learned counsel submits that it is clear from the records that the plaintiff has taken loan from the State Bank of India for running a dairy farm and, thus, he cannot have an income of Rs.6659/- only. Learned counsel further submitted that the plaintiff is having other vacant premises also which can satisfy his requirement. It has also been raised on behalf of the petitioner that the court below has shirked from deciding the issue of partial eviction in a proper perspective. He has placed reliance upon few decisions of this Court in Nagendra Prasad Barnwal Vs. Jitendra Prasad Barnwal 8 {1998(2) PLJR 582}, Birendra Singh Vs. Shankar Sah & another {1998(2) PLJR 118} and Shyama Kant Jha and another Vs. Smt. Shakuntala Pandey { 2004(4) PLJR 843}, inviting this Court to hold that the court below was required to record a finding upon partial eviction in accordance with the law laid down in aforesaid cases. It is submitted that in the present case, the same having not been done in accordance with law, the judgment of eviction is vitiated on this ground also.
Patna High Court Cites 7 - Cited by 3 - Full Document
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