SHAILENDRA JHA @ SHAILENDRA KUMAR JHA Vs. LAXMI SAH

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned counsel for the respondent.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 15.03.2019 passed by the learned Munsif, Sikrahana, East Champaran in Execution Case No. 3 of 2015 whereby he has rejected the petition filed by the petitioner-judgment debtor under Order XXI, Rule 29 read with Section 151 of the Code of Civil Procedure (for short 'CPC').

(3.) It is submitted by the learned counsel for the petitioner that the learned Munsif failed to appreciate that during pendency of the eviction suit the petitioner-judgment debtor had purchased the land involved in the execution case from the original landlord through registered sale deed dated 24.11.2009 after paying valuable consideration money. He also failed to appreciate that he is coming in peaceful possession over the same since the date of purchase. He submitted that the petitioner-judgment debtor filed Title Suit No. 889 of 2014 before the court of Sub-Judge, Sikrahana, East Champaran against the decree holder for declaration of title and confirmation of possession over the land in question in the suit, which is pending before the said court for hearing. Under the circumstances, the execution case ought to have been stayed till the disposal of the aforesaid Title Suit No. 889 of 2014.