BRIJENDRA KUMAR SINHA Vs. AKHILESHWAR PRASAD

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for eviction and recovery of possession of a piece and parcel of land measuring 2580 square feet, situate in Mauza Prithivipur within the limits of Patna Municipal Corporation and to restore vacant possession of the land to the plaintiffs after removal of structures standing thereupon.

(2.) THE trial Court dismissed the suit on three grounds; (a) the lessor could not have conferred title on the plaintiffs to enforce the been of lease executed by her in favour of the defendent-appellant by virue of a deed of relinquishment, (b) the lease is not for a fixed period, but a permanent lease ; and (c) the suit was barred by estoppel in view of the assurance given by the time of construction of pucca structures upon the disputed land.

(3.) THE High Court, at the time of hearing this appeal under Order XLI, Rule 11 of the Code of Civil Procedure farmed the substantial question of law is the following terms on 31-10-1990: