SAVITRI SAHAY Vs. SACHIDANAND PRASAD
SUPREME COURT OF INDIA (FROM: PATNA)
Cited Judgements :-
SEWANTABAI W/O. TILAKCHAND BAGE VS. GANGARAM S/O. CHAITANYA KOLTE & ANR.
MOHAMMED ABDUL RAHMAN VS. B MANORAMA
(SMT.) AISHA BEGAM VS. IIND A.D.J., BANDA AND ANOTHER
DEV RAJ DUGGAL VS. HARISH KUMAR
MURUKESAN S. VS. KUTHIRUMMAL ABDUL SALAM
GOPAL RAM VS. GOVIND RAM
SUMERMALL JAIN VS. SMT. TANUSREE DUTTA
BHAGWAN DAS RAMESH KUMAR VS. JAGABANDHU DHAR
AHMED ANSARI VS. NAZMUL HODA ANSARI
SUNIL KUMAR JAISWAL, S/O SRI LAXMI PRASAD JAISWAL VS. SURAJ BHAN THAKUR, S/O LATE NARSINGH THAKUR
JANATHA DRUGS VS. MAITHRI CONSTRUCTION
SATYAWATI VS. BHAGWAT GOEL
PRASANTA KUMAR CHAKRABORTY AND OTHERS VS. KALYANI KALI AND OTHERS
N L JOSE VS. FAISAL RAJ
HARI SINGH, SON OF LATE RAM KISHUN SINGH, RESIDENT OF QUARTER NO. 314, SECTOR VS. HINDUSTAN STEEL WORKS CONSTRUCTION LIMITED, A GOVERNMENT OF INDIA UNDERTAKING HAVING ITS REGISTERED OFFICE AT 5/11, COMMISSARIAT ROAD, HASTINGS, KOLKATA
RAVI ATAL VS. GANGA DEVI
BHAIROOU LAL S/O MANGI LAL VS. RAMESH CHANDRA MALIWAL S/O BALU RAM
MADAN LAL GUPTA VS. AVINASH PARTAP
GOVERDHANDAS MULCHAND AGRAWAL VS. BHERULAL UDERAM BAGADE
FAISAL RAJ, S/O. PUTHANVEETIL ABDUL HAMEED, VELIYANNUR DESOM, THRISSUR TALUK, THRISSUR DISTRICT, PIN VS. N.L. JOSE, S/O. NELLISSERY LONAPPAN, ARANATTUKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT
SANTOSH KUMAR SHARMA VS. VITH ADDL DISTRICT JUDGE SAHARANPUR
BISWANATH NANDY VS. ASISH KUMAR PAL
ARIHANT TRADING AGENCY VS. SHANKAR LAL BHARTIA
ABHAY CHANDRA JHA VS. BRIJESHWARI DEVI ALIAS BIRJI DEVI
Sohail Karimi VS. Sanjida Begam
ARUN KUMAR CHOUDHARY AND ORS. VS. MUKTA SINGH
AMARJEET SINGH MEHTA VS. SIMANCHAL
SHAM LAL VS. RAMA SHARMA
HARI SINGH SON OF MUNSHI RAM VS. SH DEVENDER PRATAP SON OF KARAM SINGH
RAYAPURAJU VENKATARAMA RAO VS. GANGADHARAN NAIR
RANGALAL AGARWAL VS. HIMAYATH BEGUM
PRASANTA KUMER KUNDU AND ORS. VS. KANAILAL KHAN
PUNJAB NATIONAL BANK VS. ANKUR SINGLA AND OTHERS
K K VALSAN VS. C M FURTAL
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S. N. Variava, J. -
(1.)This appeal is against a Judgment dated 24th September, 1998.
(2.)Briefly stated the facts are as follows :
The Appellant is the owner of premises bearing No. 29A, Police Line Road, Ward No. 10, Bhagalpur Kutchery Road, Bhagalpur, U.P. The respondent is a tenant in one of the flats in the said building. The appellant filed Title Eviction Suit No. 15 of 1991 against the respondent on the ground that the said flat was required by her for her own occupation. The appellant claimed that she was staying in premises belonging to her son and that her son had asked her to vacate the premises. The appellant claimed that she wanted the flat occupied by the respondent as it was on the ground floor and on the northern side of the building and contiguous to the ancestral building where she was presently residing, i.e. Shiva Bhawan. The appellant also claimed that the said flat faced an open piece of land which belonged to her husband. The appellant claimed that she being old could not climb to the first floor and the ground floor flat on the south side of the building was not suitable as it faced a crowded road and was noisy.
(3.)In the written statement filed by the respondent, the respondent claimed that there were three other flats in the same building, that after the filing of the suit those flats had fallen vacant and the appellant had let out those flats at higher rents. The respondent also claimed that Shiva Bhawan, in which the appellant presently resides is a palatial bungalow and that the appellant comes from a very affluent and dignified family and would not reside in the small flat. The respondent claimed that the appellant was claiming possession merely to get the respondent out and then to let it out at a higher rent.
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