LAWS(JHAR)-2006-12-25

SHANTI DEVI Vs. MD.FARPPQUE AZAM

Decided On December 12, 2006
SHANTI DEVI Appellant
V/S
Md.Farppque Azam Respondents

JUDGEMENT

(1.) THIS application at the instance of the defendant petitioner under Article 227 of the Constitution of India is directed against the under dated 12.2.2004 passed by Munsif -I, Dhanbad in Title (Eviction) Suit No. 7/01 whereby he has decided the preliminary issue on an application filed by the petitioner under Order 14 Rule 2(2) of the Code of Civil Procedure and held that suit is maintainable under the provision of Bihar Buildings (Lease, Ren and Eviction) Control Act, 1982.

(2.) THE case of the defendant -petitioner is that plaintiff filed the aforementioned suit for eviction under Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short the Act) for eviction of the petitioner from the suit property consisting of two rooms and verandah along with land being portion of Municipal Holding No. 496 measuring an area of two kathas "situated at Katras Road, Dhanbad. Petitioner 'scase is that the lease deed by which the suit premises was leased out shows that the property in question is not a building within the meaning of Sec.2(b) of the Act, inasmuch as leased out premises is a land and not a building. Petitioner filed separate application under Order 14 Rule 2(2) of the Act for deciding preliminary issue as to whether the suit is maintainable under the said Act.

(3.) I have heard Mr. Indrajit Sinha, learned Counsel for the petitioner and Mr. Manoranjan Nath Sinha, learned Counsel for the respondent.