JOTINDRA NATH DAS Vs. LALA PRASAD SAO

JUDGEMENT

(1.) All these three miscellaneous appeals are by the judgment-debtors and arise out of orders passed in three execution cases between different parties oil objections taken by them under Section 47, Civil P. C. They have all been heard together as, amongst others, there is one common point too which arises for decision in each of them. The execution proceedings giving rise to these appeals related to the orders of the Controller passed under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act 3 of 1947) (hereafter to be referred to as the Buildings Control Act) in respect of buildings situate in the partially excluded areas of Purulia and Dhanbad in the division of Chota Nagpur in the State of Bihar and were accordingly levied under the terms of Section 17 of that Act in Courts in that area competent to entertain suits for the recovery of arrears of rent in respect of those buildings.

(2.) Miscellaneous Appeal No. 305 of 1951 is directed against the order dated 28-8-1951, passed in Miscellaneous Appeal No. 45/6 of 1950-51 affirming the order passed on 2-9-1950, in Miscellaneous Case No. 81 of 1950 which arose out of execution case No. 222 of 1949 relating to the order of eviction given on 29-12-1948, in regard to a house in Purulia in the district of Manbhum.

(3.) Miscellaneous Appeal No. 162 of 1953 is directed against the order dated 25-5-1953, passed in Misc. Appeal No. 8/6 of 1953 affirming the order passed on 27-1-1953, in Execution Case No. 42 of 1852 arising out of an order of eviction given on 8-1-1952, under the same Buildings Control Act relating to a building in Dhanbad.