BHAGWATI PRASAD SAH Vs. RADHA KISHUN SAH

JUDGEMENT

(1.) This is an appeal by the decree-holder against the order passed by the District Judge of Saran reversing that of the Munsif First Court, Chapra.

(2.) The appellant as plaintiff obtained a decree for ejectment against the defendants who were tenants of the premises in question. The decree has been executed, and, in the execution proceedings, the tenant-respondents have taken up a plea that Section 11, Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, is a bar to the decree-holder evicting them by these proceedings.

(3.) The trial Court dismissed the objection of the tenants-respondents on the ground of their having not taken such objection in the suit itself which would disentitle them from raising such objection in the execution proceedings by virtue of the principles of constructive res judicata, as contemplated by Section 11, Expl. 4, Civil P. C. The executing Court was also of opinion that the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, do not apply to the facts of this case, as the notice to quit had been served before Act III [3] of 1947 came in force.