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may 1989

Supreme Court of India · 1989-05-02

KAMALA DEVI BUDHIA & ORS. vs RAM PRABHA GANGULI & ORS.

Citation / case number
SC 1983/65929
Court
Supreme Court of India
Petitioner
KAMALA DEVI BUDHIA & ORS.
Respondent
RAM PRABHA GANGULI & ORS.
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, specifically Sections 11 and 12, a civil court is the proper forum for eviction proceedings and extension of lease periods. The Court found that the appellants' application under Section 12 was maintainable, allowing them to choose between an application or a suit for eviction after the lease expired. The High Court's ruling that the appellants' application was misconceived was set aside, affirming the jurisdiction of civil courts in such matters.

KAMALA DEVI BUDHIA & ORS. vs RAM PRABHA GANGULI & ORS. · Niyam