YOUSUF BHAI Vs. NARAYAN PRASAD NIYARA

JUDGEMENT

(1.) THESE two Second Appeals have been heard together and are being disposed of by a common judgment.

(2.) YOUSUF Bhai filed Eviction Suit no.6 of 1992 against Narayan Prasad Niyara, for eviction from suit holding no.65(59) situated in ward No.10 of Kishanganj Municipality, under the provisions of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982. The suit was decreed ex -parte on 16.4.1993. On 3.5.1993, defendant filed Misc. Case no.5 of 1993, under Order 9, rule 13 of the Code of Civil Procedure for setting aside the ex -parte decree, which was dismissed for default on 11.2.1994. Thereafter, another Misc. Appeal No. 10 of 1994 was filed, which was allowed and ex -parte decree was set aside. Defendant thereafter filed written statement, but did not contest the suit.

(3.) DEFENDANT , however, has moved the District Judge for transfer of Eviction Suit to any other court, but his prayer was rejected. He, thereafter, filed M.J.C. No.1358 of 1995 in this Court against the order of District Judge. It was converted into a Civil Revision on 23.8.1995 and was ultimately dismissed on 16.10.1995.