BIKRAMA PRASAD Vs. BHARAT PRASAD

JUDGEMENT

(1.) THIS Civil Revision application is directed against the order dated 23.12,2000 passed in Execution Case No. 9 of 2000 by the Munsif 2nd Court, Siwan by which he has entertained the application filed by the opposite party No.2 (Objector) under Order XXI Rule 97 of the Code of Civil Procedure and stayed the proceeding of the said execution case.

(2.) THE relevant facts of this case are as follows; The petitioner/plaintiff filed a Eviction suit against the father of the opposite party No. 2 -objector on the ground of personal necessity with regard to house situate over Khata No. 359, Khesra No. 446 area 9 dhurs in village -Mairwa, district -Siwan. As the suit was of personal necessity, procedure under Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act was followed and the suit was decreed on contest against the father of opposite party No. 2 -Objector. He filed a civil revision before this court being C.R. No. 262 of 2000 which was also dismissed on 17.8.2000.

(3.) THE learned Munsif by the impugned order entertained the objection under Order XXI Rule 97 of the Code filed by Opposite Party No. 2 and stayed the execution case. Hence the present civil revision application.