BETTIAH ESTATE Vs. LACHUMAN MAHTO

JUDGEMENT

(1.) IN the aforementioned eight appeals a common question are involved and all of them arose out of one Execution Case No. 10 of 1971, levied for execution of the decree passed in Title Suit No. 183 of 1963, wherein different applications under Order XXI Rules 58 and 99 of the Code of Civil Procedure were filed and thereby Miscellaneous Case Nos. 42, 47, 57, 58, 59, 60 and 69 of 1974 and 37 of 1986 were registered and were disposed of by the impugned orders under these appeals.

(2.) THESE appeals, therefore, were made analogous for the purpose of hearing. Bettiah Estate is appellant in all the appeals, these appeals have been heard together and are being disposed of by a common judgment,

(3.) BY judgment and decree dated 14.8.1970, the said suit was decreed in part. It was held that the status of the defendant 1st set in respect of the suit land was never anything other than a lessee and that of the contesting defendants 2nd set was of sub lessee and the defendants were liable to be evicted from the lease hold suit properties as they had no right to be over the same any longer. The plaintiff claim for damages etc. was, however, allowed in part only. The said judgment and decree was affirmed by this Court, vide First Appeal No. 1050 of 1970, filed at the instance of the defendants 2nd set, which was dismissed and the cross objection therein filed by the plaintiff was also dismissed.