LAWS(PAT)-2016-4-24

SUSHILA DEVI Vs. KANHAIYA PRASAD

Decided On April 12, 2016
SUSHILA DEVI Appellant
V/S
Kanhaiya Prasad Respondents

JUDGEMENT

(1.) Heard Mr. S.S. Dwivedi, learned senior counsel for the appellant and Mr. K.N. Chaubey, learned senior counsel for the respondent.

(2.) The defendant in the suit for eviction is the appellant in this appeal against the judgment and decree of affirmance granting the decree to the plaintiff, as prayed.

(3.) The present appeal frescoes a picture and exposits a canvass where, after the creation of tenancy by a registered lease deed on 22.01.1942, lessor and lessee have been fighting out litigations with the main dispute converging on the nature of the tenancy created by the aforesaid lease with the allied question pertaining to the applicability of the Rent Control Act i.e. Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as the 'B.B.C. Act') as enacted from 1947 onwards.