RAMKISHORI SINGH Vs. RAM BRIJ RAY

JUDGEMENT

(1.) TITLE (Eviction. Suit No. 7 of 1995 was filed for eviction on the ground of personal necessity under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act). It was decreed ex -pone defendant preferred Civil Revision No. 246 of 1996(R) in this Court under Section 14(8) of the Act, which was disposed of on 17.2.1997 with direction to the trial Court to dispose of the suit within two months, after recording findings in respect of personal necessity and partial eviction.

(2.) ON remand, defendant appeared and filed affidavit under Section 14(4) of the Act which was rejected on 31.7.1997 on the ground that pursuant to remand order the suit was not to begin with fresh trial and no such direction to entertain prayer for granting leave to contest the suit was given in remand order.

(3.) ON 25.11.1997, Civil Revision No. 338 of 1997(R) was permitted to be withdrawn, as after passing of eviction decree in the suit, the same has become infructuous. However, a liberty was given to raise grievance against ex -parte decree passed in the suit on the grounds taken in the said Revision application.