Asha Devi v. Anand Kumar
Case brief
What is this about?
Writ petition challenging trial court's refusal to decide landlord-tenant relationship in eviction suit where title dispute is pending. Court dismissed writ, holding no legal flaw in deferring decision to avoid prejudice.
What did the court decide?
Writ application dismissed. No order passed on Section 15 application.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5385 of 2011
====================================================== 1. Asha Devi Wife Of Mahadeo Sah Resident Of Village Kopa P.S. & P.O. Kopa Bazar District Saran .... .... Petitioner Versus 1. Anand Kumar Son Of Laxman Mahto Resident Of Kopa Bazar P.O. & P.S. Kopabazar, District Saran .... .... Respondent ====================================================== Appearance : For the Petitioner/s : Mr. Mukul Prasad For the Respondent/s : Mr.Binod Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 18-08-2015 Heard Mr. Prasad counsel for the petitioner and Mr. Binod Kumar Singh for the respondent-tenant.
The petitioner filed Eviction Suit No. 9 of 2001 for a decree of eviction against the respondent and also for realization of rent. In the said proceeding an application under Section 15 of the Bihar Building (Lease, Rent &Eviction)Control Act, 1982 ( for short „the Act‟) was filed on 17.3.2005. The respondent filed rejoinder thereto stating that much prior to filing of the suit he had entered into an agreement to sale with the husband of the plaintiff-petitioner in respect of the suit property inasmuch as in part performance of the contract he was allowed to continue in possession thereof.
Mr. Singh for the respondent has submitted that
Patna High Court CWJC No.5385 of 2011 (3) dt.18-08-2015
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since the husband of the petitioner did not execute the sale deed a Title Suit bearing Title Suit no. 356 of 2001 has already been instituted wherein the petitioner has also been impleaded as defendant. The court below in the impugned order refused to pass an order on the application filed by the petitioner under Section 15 of the Act observing as under:-
Issues for consideration
2 issues framed by the court
Whether the trial court was correct in refusing to decide on dependency of landlord-tenant relationship in eviction proceedings pending determination of title.
Whether Section 53-A of the Transfer of Property Act bars the trial court from deciding the landlord-tenant relationship before determination of title.
Parties & counsel
- petitioner
Asha Devi
- respondent
Anand Kumar
Coram
Kishore Kumar Mandal
Case details
As recorded by the court registry
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