MD. KHURSHID KHAN Vs. KHUSHWANT SINGH SABHERWAL

JUDGEMENT

(1.) Instant Civil Miscellaneous Petition has been filed against the order dtd. 22/1/2022 passed in Civil Appeal No.69 of 2019 by learned District Judge-V, Dhanbad whereby and whereunder the petition filed under Order 41 Rule 27 for additional evidence, has been rejected.

(2.) It is submitted by the learned counsel on behalf of petitioner that he was defendant in Original Title (Eviction) Suit No.03 of 2013 which was filed on the ground of default and personal necessity under Sec. 11(1)(c)&(d) of Jharkhand Building (L.R.E.) Control Act.

(3.) The suit was decreed against which the petitioner preferred appeal on the ground that he was not tenant rather he was in possession of the said shop on the basis of agreement of sale for which a separate suit for specific performance of contract has been filed being Title Suit No.136 of 2015 which is pending before the learned Court below.