COMMISSIONER OF HAZARIBAGH NAGAR PARISHAD THROUGH THE EXECUTIVE OFFICER (IN ALL CASES) Vs. RUP CHAND JAIN

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) In all these writ petitions there is a common thread binding the case of the parties. The petitioner i.e. the Commissioner of Hazaribag Nagar Parishad is a objector under Order 21, Rule-97, 99 and 101 read with Sec. 151 of the Civil Procedure Code in Execution Case Nos.16/1989, 17/1989, 18/1989 and 20/1989 instituted by the respondent No. 1 decree holder in Eviction Suit Nos. 14 of 1986, 03 of 1988, 04 of 1988 and 05 of 1988. Decree and judgment dated 31st March, 1989 rendered by the court of learned Sub Judge-I, Hazaribag. Title Suit No. 52/1983 was an Inter Pleader Suit filed by the tenants i.e. other private respondents herein for a declaration as to which of the two claimants i.e. the landlords are entitled to payment of rent in respect of the suit property. Eviction Suit Nos. 01/1988, 02/1988, 03/1988, 04/1988 and 05/1988 all were preferred by the respondent landlord against their tenants in respect of the properties described in the schedule annexed to the plaint. All these suits were decided by the common judgment and decree dated 31.03.1989 and decree dated 10th April, 1989 (Annexure-4 to the writ petition No. 567/2015). The relevant documents enclosed to the instant writ petition are being referred to hereinafter also as they are common to all the writ petitions.

(3.) The State of Bihar was also a contesting defendant in the Inter-Pleader Suits. The learned trial court decreed the eviction suit and also held that defendant nos. 4 to 6 in the Inter-Pleader Suit have got valid cause of action to bring their respective suits and they are entitled for payment of rent in respect of respective premises. The decree in the eviction suits in now under execution. The operative part of the judgment are being reproduced hereunder:-