SURESH MOHAN THAKUR Vs. SHAMAL MALL BUBNA

JUDGEMENT

(1.) This Letters Patent Appeal is from the judgment of Khaleel Ahmad J. in a miscellaneous second appeal, arising put of a proceeding under Section 47, Civil P. C.

(2.) The sole question for determination, on this appeal, is, whether Section 47, Civil P.C. applies to the present case.

(3.) The respondent, as landlord of holding No. 143A, lying within the Madhubani Municipality, applied for eviction of his tenant under Section 11 (1) (a), Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947). To this application, the admitted tenant Parmanand Jha, and, also the appellant, who was alleged to be a sub-lessee from the tenant, were made parties, and, eviction was sought against both. The tenant was opposite party 1, and, the appellant was opposite party 2 to this application for eviction. The House Controller on 18-7-1955, passed the following order: