UDAY KUMAR Vs. SURENDRA PRASAD SHARMA

JUDGEMENT

(1.) THE present revision application has been filed against the order dated 17-8-1991 passed by the learned Munsif 1st Court, Patna, in Title Eviction Suit No. 58/88. By this order the trial Court has refused the prayer of the defendant-petitioner to order the plaintiff-opposite party requiring him to answer certain interrogatories.

(2.) THE present eviction Suit has been filed by the plaintiff on the ground of personal necessity under the provisions of Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act. To defeat the plaintiff's claim, the defendant-Petitioner appears to have taken one of the pleas that the plaintiff is possessed of one more house, which has been given to him by his maternal grand-father under a will, this house is the subject-matter of Probate Case No. 130 of 1988, which is still pending in the Court of the Additional District Judge, Patna. THE interrogatories relate to this house and through interrogatories the defendant wants answer from the plaintiff with regard to the area of the land over which the house has been constructed and the number of the rooms in the house.

(3.) IN the above background the Court below has held that the plaintiff has already closed his evidence on 7-8-1990 and thereafter the defendant, in stead of leading his evidence, is trying to detain the proceeding on the pretext or the other.