LAWS(PAT)-2009-8-25

JUGAL KISHORE KHETAN Vs. MOHAN LAL KHETAN

Decided On August 13, 2009
Jugal Kishore Khetan Son Late Mahabir Prasad Khetan Appellant
V/S
Mohan Lal Khetan Son Of Late Mahabir Pd.Khetan Respondents

JUDGEMENT

(1.) THIS civil revision has been filed by the plaintiffs -decree holders -respondents 1st set -petitioners challenging order dated 23.7.2007, by which learned Additional District Judge -cum -F.T.C. -IV, Darbhanga allowed Misc. Appeal No. 10 of 2005, set aside order dated 27.6.2005 passed in Execution Case No. 19 of 1993 and remanded the matter to the executing court for fresh consideration and decision on the application filed by the sole intervenor - appellant -opposite party under Order XXI Rules 98 and 99, read with Section 151 of the Code of Civil Procedure (herein after referred to as 'the Code ' for the sake of brevity).

(2.) THIS matter arises out of Eviction Suit No. 30 of 1985. which was filed by the petitioners against the tenants Zubaida Khatoon and others (not party to this civil revision) for their eviction on the ground of personal necessity under the provision of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (herein after referred to as 'the Act ' for the sake of brevity). In the said suit, the defendants appeared and contested.

(3.) IT transpires that, thereafter, the defendants of the eviction suit filed an application in the eviction suit on 30.1.1992 stating that on 1.11.1989 he had handed over possession of the suit premises to the plaintiffs, who in turn had given the possession thereof to the opposite party (who was not a party to the suit). The said application was kept on record.