SHREELAL SHARMA Vs. CHINTA DEVI AND ORS.

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Manoj Kumar for the opposite parties. This Civil Revision application under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act), is directed against the judgment and order dated 28.9.2011 passed in Title (Eviction) Suit No. 27 of 2003 whereby the learned Munsif-II-Bhagalpur has decreed the suit in favour of the plaintiff and directed the defendant to hand over the suit premises within 60 days of the judgment and order.

(2.) The suit in question had been filed raising a plea of personal necessity and which plea has been approved under the judgment and order impugned. While the matter is pending consideration before this Court, an Execution case has been filed by the decree holder giving rise to Execution Case No. 11 of 2011 which is pending in the Court of Munsif-II, Bhagalpur. An application for stay of execution proceeding has been filed by the petitioner bearing I.A. No. 1081 of 2013. It is stated that even before the matter could be taken up for consideration on merits, the plaintiff-opposite party has levied the execution case. On the request made by the learned counsel appearing on behalf of the defendant/petitioner for seeking instruction in the matter as to whether he intends to contest the matter on merits or is willing to vacate the premises within a reasonable period, the matter was adjourned and whereafter it is taken up today.

(3.) A supplementary affidavit has been filed today on behalf of the defendant petitioner in which it is stated that he is running a Saw Mill in the premises under a licence granted by the Forest Department and a copy whereof is placed at (Annexure-1) to the supplementary affidavit. It is stated that the said licence has been granted to the petitioner in relation to the suit property and is valid up to 31.12.2013. It is further stated in Paragraph 5 of the affidavit that the renewal of the Saw Mill licence normally takes place in the month of November and December each year and thus until such time that the petitioner can make an application for renewal of licence in relation to his own holding bearing holding No. 42, he may be permitted to continue in the suit premises. The licence granted by the Forest Department in relation to the Saw Mill of the petitioner is placed at Annexure-1 and which is in relation to ward No. 13 old (15 new), holding No. 13, Dr. Rajendra Prasad Road, Khalifabag, Bhagalpur which is owned by the plaintiff. The plot owned by the defendant/petitioner is bearing holding No. 42 of Khata No. 13 and which is evident from the receipt granted by the Bhagalpur Municipal Corporation in favour of the father of the petitioner, placed at Annexure-2 to the supplementary affidavit.