UMA DEVI JOSHI Vs. HEMWANTI DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present Second Appeal has been preferred against the Judgment and Decree passed by Additional Judicial Commissioner - cum - Special Judge, C.B.I. (A.H.D.), Ranchi in connection with Title Appeal No. 85 of 2006 whereby the Judgment dated 25.05.2006 and Decree Dated 25.05.2006 passed and signed by Munsif, Ranchi in connection with Title Suit No. 99 of 1984/Title Suit No. 100 of 1984 have been affirmed.

(3.) Originally Title Suit No. 99 of 1984 on the ground of personal necessity as envisaged under Section 11(1)(c) and Title Suit No. 100 of 1984 on the ground of defaulter under Section 11(1)(d) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 [hereinafter referred as 'B.B.C. Act' in short] filed by the plaintiff Muneshwar Dayal against defendant Thakur Maharaj were amalgamated and decided by a common Judgment dated 25.05.2006 and a common Decree was prepared and signed on 02.06.2006. During pendency of the suit, plaintiff Muneshwar Dayal as well as defendant Thakur Maharaj died and they were substituted by their legal heirs and successors who have contested the suit and the appeal as well. The appellant is the defendant whereas respondents are the plaintiffs.