NIRMAL PRASAD YADAV Vs. KAPILDEO PRASAD

JUDGEMENT

(1.) TITLE Eviction Suit No.28 of 1995 has been filed by the plaintiff -opposite party against the defendants -petitioners for eviction from part of the Suit Holding No. 86/72, situated in Patna City, under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act').

(2.) THE defendants filed written statement and counter -claims as a cross -suit. It was prayed that eviction suit may be dismissed and it be declared that the plaintiff did not acquire right, title, interest and possession over the suit premises by sale -deed dated 16.9.1991 and as such he was not the landlord of the defendants. The defendants have right, title, interest and possession over the suit premises as well as properties mentioned in Schedule A to the cross -suit.

(3.) BY order dated 9.7.1996, the trial Court was pleased to exclude the counter claims as set up by the defendants in their written statement under Order VIII, Rule 6C of the Code.