LAWS(PAT)-2010-12-4

NOORUDDIN Vs. RABINDRA KUMAR SINHA

Decided On December 16, 2010
NOORUDDIN Appellant
V/S
Rabindra Kumar Sinha Respondents

JUDGEMENT

(1.) The sole defendant-petitioner has filed this Civil Revision under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as "the Act" for the sake of brevity).

(2.) This Civil Revision is directed against the order of eviction of the sole defendant-petitioner passed by the learned Munsif, Sadar, Purnea, vide judgment dated 10th of March, 2010 in the Eviction Suit Nos. 8 of 1998/8 of 2005, which was filed by the sole plaintiff-opposite party.

(3.) This matter has travelled upto this High Court twice on earlier occasion. The defendant-petitioner had challenged the judgment of eviction passed in the suit earlier in Civil Revision No. 479 of 2007. The same was allowed and the matter was remitted back to the court below for fresh consideration on the ground that there was non-consideration of the evidence of D.Ws. 3, 5 and 6 as well as Exts.-B and C series in the concerned judgment. Thereafter, again the suit was heard and was decided and again the defendant-petitioner was ordered to vacate the suit premises. The impugned order was again challenged in Civil Revision No. 1112 of 2008 on the ground that the direction of this Court had not been complied in clear terms. The matter was yet again remanded back for fresh consideration specifically for consideration of the evidence of D.Ws. 3, 5 and 6 as well as Exts.-B and C series. Thereafter, the matter has again been heard and decided by the court below and, by the impugned judgment, the defendant-petitioner has yet again been ordered to vacate the suit premises.