By the impugned judgment, the High Court reversed the findings of the 1st Appellate Court on both the grounds but thought it fit to remand the case to the 1st Appellate Court to decide as to whether there had been default in payment of rent for the month of March 1972 and August 1973.
20 for a period of more than three years from February 1971 to June 1974, under clause d of sub section 1 of Section 11 and ii reasonable personal requirement of Bajorias in good faith under clause c of sub section 1 of Section 11 of the Act.
2001 Supp 3 SCR 600 The following Order of the Court was delivered These two appeals, by special leave, are from the judgment of the High Court of Patna, Ranchi Bench, in Second Appeal No.
1ll of 1974 was filed in the Court of Munsiff, Ranchi by Bajorias against Lachmi Sahu, the original tenant and the predecessor in interest of Burmans, for his eviction from shop No.
With regard to default, his case was that the rent was paid to the first plaintiff in the suit, namely, Atma Ram Bajoria, but when he refused to receive the same, it was being sent by money order which was being returned as refused.
On appeal, the learned Judicial Commissioner, Chhota Nagpur, Ranchi allowed the appeal of the Bajorias, set aside the findings of the trial companyrt on both the grounds and decreed the suit.
The personal requirement of the Bajorias was also denied stating that they held many residential as well as number residential buildings and, therefore, did number reasonably require the premises in good faith for their occupation.
1 measuring 6x8x6 feet part of Municipal holding No.
On both the grounds the trial companyrt found against the Bajorias and dismissed the suit.
3972 of 1998 and aggrieved by the remand of case to the 1st Appellate Court in regard to default for two months indicated above, the Burmans filed Civil Appeal No.
Two of them, namely, Kishori Lal Burman and Shankar Lal Burman died in 1991 and 1993 respectively.
29 of 1980 dated September 30, 1997.
The eviction was sought on two grounds i number payment of monthly rent of Rs.
Thus, the High Court disposed of the Second Appeal on September 30, 1977.
975 of 1998 is by the tenants referred to in this judgment as Burmans and Civil Appeal No.
29 of 1980.
Insofar as the grounds of default in payment of rent and personal requirement were held against the Bajorias.
The Burmans carried the matter in appeal to the High Court Second Appeal No.
They arise under the Bihar Buildings Lease, Rent Eviction Control Act, 1947 for short, the Act .
they filed Civil Appeal No.
Randhir Prasad Street, Upper Bazar, Ranchi hereinafter referred to as the shop .
The original tenant companytested the suit on both the grounds.
Civil Appeal No.
Title Suit No.
975 of 1998.
1184 , Ward II.
The facts giving rise to these appeals may be stated in brief to appreciate the companytroversy in them.
3972 of 1998 is by the landlords referred to in this judgment as Bajorias .
