LAWS(PAT)-2019-6-77

RAVI PRAKASH Vs. ASHOK KUMAR JIVRAJKA

Decided On June 21, 2019
RAVI PRAKASH Appellant
V/S
Ashok Kumar Jivrajka Respondents

JUDGEMENT

(1.) In the instant application preferred under Article 227 of the Constitution of India, the petitioner has challenged the order dated 29.04.2019 passed by the learned Munsif-II, Sadar, Bhagalpur in Title (Eviction) Suit No. 18 of 2016 whereby he has rejected multiple applications filed by the petitioner.

(2.) Learned counsel for the petitioner submitted that the court below has failed to appreciate the order dated 19.04.2019 passed by this Court in Civil Miscellaneous Jurisdiction No. 424 of 2019 whereby the petitioner was allowed to appear before the court and lead his evidence. He submitted that by denying the petitioner to lead documentary evidence the court below has actually flouted the order passed by this Court willfully and deliberately.

(3.) The facts of the case, in brief, are that the respondent had filed Title (Eviction) Suit No. 18 of 2016 under Section 11(1) (C) and 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (for short 'BBC Act') seeking eviction of the petitioner from the suit premises on the ground of personal necessity and bonafide requirement. In the said suit the petitioner has been made defendant. By order dated 08.02.2019 the learned Munsif had closed his evidence.