RAMSWARUP AGARWALLA Vs. BANWARI LAL AGARWALLA

JUDGEMENT

(1.) WHETHER an appeal under Clause 10 of the Letters Patent against an order passed in exercise of revisional jurisdiction is maintainable, is a question involved in this appeal.

(2.) THE sole respondent in this appeal filed a Title Suit no. 53 of 1991. for specific performance of contract to sale the shop room in question against the defendant -appellant. The suit was dismissed by the trial Court. Being aggrieved the plaintiff - respondent filed First Appeal no. 149 of 1995(R) before this Court.

(3.) THE appellant, who is the landlord of the shop room in question, filed an Eviction Suit no. 21 of 1990 under section 11 , read with section 14, of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as the Act) seeking eviction of the respondent to this appeal, who was a tenant of the said shop. That suit was decreed. The respondent filed a civil revision against the said order before this Court.