UDAY BHAN SINGH Vs. RAM JANKI

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the opposite parties.

(2.) THIS Civil Revision has been filed by the applicant -petitioner against order dated 4.7.2006 passed by the learned District Judge, Saran at Chapra, rejecting Misc. Case No. 48 of 2006 filed by him for transfer of Eviction Suit No. 8 of 2005 filed by the opposite parties pending in the Court of Munsif -I, Chapra, to the court of the Subordinate Judge -I, Chapra, where Title Suit No. 95 of 2006 filed by the petitioner was pending. The fact of the case is that Eviction Suit No. 8 of 2005 was filed by the opposite parties for eviction of the petitioner from the suit premises on the ground of personal necessity of the opposite parties with respect to the suit premises and default in payment of rent by the petitioner and also for rent and damages.

(3.) THE said suit was filed and was pending before the learned Munsif -I, Chapra, as per his pecuniary jurisdiction. In the said eviction suit, notices were sent to the petitioner, whereafter, he appeared and filed his written statement raising counter claim and, thereafter, he filed Title Suit No. 95 of 2006 for realization of amount spent by him for the renovation of the premises. The said title suit was pending before the learned Subordinate Judge -I, Chapra.