SHRIMATI SHANTI DEVI Vs. RAM CHANDRA RAM

JUDGEMENT

(1.) This application in revision is directed against the part of the order dated 2.2.1993 passed by the Sub-ordinate Judge-VII, Patna in Title Suit No. 496 of 1990, whereby the petitions of defendant-opposite party No. 2 and the defendant-petitioner, questioning the maintainability of the suit, was rejected holding that the suit is maintainable.

(2.) The plaintiff-opposite party No. 1 filed the suit for declaration of his title and confirmation of possession over the land in dispute and also for a declaration that the eviction proceeding under the Bihar Regional Development Authority Act (hereinafter referred to as the Act) was not maintainable with regard to the suit property and the eviction order passed therein was void and did not affect his title.

(3.) The petitioner and the Opposite party No. 2 filed a petition in the suit stating inter alia, therein that the suit is not maintainable. The court below, after hearing the parties, rejected the aforesaid petition by the impugned order.