HARI SHANKAR PRASAD SAH Vs. YUGAL KISHORE SAH

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite parties. This Civil Revision has been filed by defendant 2nd set -judgment debtors -petitioners challenging order dated 18.10.2005, by which learned Subordinate Judge -VI, Chapra, rejected Miscellaneous Case No. 10 of 2005 filed by the petitioners under the provision of Section 47 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity).

(2.) LEARNED counsel for the petitioners (defendants 2nd set in the court below) submits that the plaintiff -opposite party admitted that the petitioners were his tenants but no eviction was sought under the provisions of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity) and the only relief claimed by the plaintiff -opposite party was for declaration of title and confirmation of possession. He further submits that the law is well -settled that a tenant can be evicted from the tenanted premises only under the provisions of the Act and decree has to be passed under the requirements of the Act, but in the instant case it was not done and hence the decree is a nullity and not executable. He relied upon a decision of the Hon'ble Apex Court as well as two decisions of this Court, namely, in case of Smt. Kaushalya Devi & Ors. vs. K.L. Bangal, reported in : A.I.R. 1970 S.C. 838, in case of Shri Niwas Fogla vs. Singheshwar Sahu, reported in, 1975 P.L.J.R. 409 and in case of Dineshwar Prasad Bakshi vs. Parmeshwar Prasad Sinha, reported in : 1988 P.L.J.R. 637.

(3.) THE defendants 2nd party (petitioners) challenged the said judgment and decree in Title Appeal No. 141 of 1980 which was dismissed by learned Fast Track Court -V, Saran, by judgment and decree dated 28.12.2004. The said judgment and decree have been challenged by the petitioner -defendant -2nd set in Second Appeal No. 333 of 2005, which is pending for decision in this court.