JAMUNA PRASAD SAH Vs. SASHI MAHTO

JUDGEMENT

(1.) Heard the parties. Eviction Suit No. 1 of 1991 filed by petitioner against one Gour Chandra Sen for eviction from the suit house standing over plot No. 533 in village Saikanda of Godda district under Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act') was decreed and the said decree was affirmed by this Court on 1/5/1997 in C.R. No. 1056 of 1995. Petitioner thereafter levied Execution Case No. 4 of 1997 for delivery of possession. Opposite parties had filed Eviction Suit No. 3 of 1991 against the petitioner under the provisions of the said Act for eviction from the suit premises, i.e., plot Nos. 534, 536, 538 and 540 measuring 15 kathas 5 dhurs including the house standing over plot No. 533, which was subject matter of Eviction Suit No. 1 of 1991, which was dismissed on 17.2.1993 on the ground that relationship of landlord and tenant was not established. Opposite parties then filed Title Suit No. 33 of 1993 for declaration of title and recovery of possession over the aforesaid 15 kathas and odd lands including structure thereon.

(2.) While disposing of S.A. No. 347 of 1997 arising out of Eviction Suit No. 3 of 1991. this Court observed that observations/ findings, if any, recorded on the question of title in the eviction suit and/or appeal shall not operate as res-judicata in a properly constituted title suit for declaration of title between the parties. It is said that the said Title Suit No. 33 of 1993, is pending before the competent court, i.e., court of Settlement Officer, Godda. In the aforesaid execution proceedings the petitioner filed a petition (Annexure- IA) informing the Court that "on 6.5.2000 on Friday in the night time at about 10 p.m. the judgment-debtor brought some criminals armed with illegal firearms and kept them in the tenanted premises." Gour Chandra Sen judgment debtor also filed a petition (Annexure-2) on 24-5-2000, inter alia, stating therein that jamabandi raiyats forced him to vacate the premises and, therefore, he has no way out but to do so, Thereafter on 30-5-2000 the opposite parties claiming themselves to be jamabandi raiyats filed a petition (Annexure-3) purporting to be under Order XXI, Rules 26, 29 and 97 to 101 of the Code of Civil Procedure.

(3.) A rejoinder thereto was filed on 3-6-2000. Executing court by impugned order dated 11.7.2000 directed the parties to adduce evidence both oral and documentary for hearing and speedy disposal of the objection. The petitioner has challenged the said order in the present revision application.