RAM DAYAL PRASAD Vs. SHANTI DEVI

JUDGEMENT

(1.) BIHAR Buildings Control Act (hereinafter to be referred to as the Section 14 Act) are the petitioners, who challenge an order refusing to grant them leave.

(2.) THE relevant facts are short and simple. Earlier against an order dated 1-8-1985 of the trial court refusing to grant leave to them Under Section 14 of the Act to contest the suit in question, the petitioners had come up before this Court in Civil Revision No. 1345 of 1985. THE said civil revision application was dismissed on its merit after hearing the petitioners and the opposite party by the judgment and order dated 14-7-1987. it was held that the court below had not committed any error in refusing to grant leave as the petitioners had not rebutted the allegations mentioned by the opposite party for their eviction in the plaint. THE said judgment of this Court admittedly became final inasmuch as the petitioners did not challenge the same before the Supreme Court through Special Leave application and/or otherwise. THEreafter the petitioners again applied for grant of leave on the ground that the plaintiff-opposite party started further construction of a room in January, 1986 which was completed and let out since 11-3-1986. THE prayer was opposed by the opposite party on facts and law both. THEy asserted that the fact is incorrect and the prayer, in view of rejection of the grant of leave earlier is not permissible. By the order impugned, as already stated, the petitioner's prayer was disallowed on the ground that the alleged developments were of the period during which civil revision was pet ding and their plea is also not acceptable on facts.

(3.) MR. Rajan, learned Counsel for the opposite party, on the other hand, submits that the judgment and order dated 14-7-1987 passed by this Court in Civil Revision No. 1345 of 1985, referred to above, is binding on the petitioners as also before this Court and operates as res judicata. It is not open for the petitioners to pray afresh for grant of leave inasmuch as Section 14 of the Act does not contemplate for grant of fresh leave after rejection of an earlier one.