Petitioner tenant challenged the rejection of his petition challenging a sale suit under Section 15(1) of Bihar Building Control Act. The court held title does not pass to tenant until registered sale deed. The impugned order was quashed and writ allowed.
The order dated 18.3.2011 in Title Suit is quashed and the writ application is allowed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8048 of 2011 =========================================================== Dr.Nagendra Prasad, son of Late ramsubhag Sah, resident of village – Chenari, P.O. + P.S. – Chenari, District – Rohtas .... .... Petitioner/s Versus Ram Dayal Singh @ Dilar Singh, son of Sri Ramkrit Singh, resident of Village – Lewa (Bichhi Banch), P O – Amaon, P S – Karamchat, District - Bhabua .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. RAVI SHANKAR SAHAY For the Respondent/s: Mr. RAJANI KANT PANDEY =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 29-07-2015
Heard counsel for the parties.
There seems to be obvious error in law committed by the court of Additional Munsif – II, Bhabua, in rejecting the petition of the petitioner under section 15(1) of the B. B. C. Act vide order dated 18.3.2011 in Title Suit No. 74 of 2007/146 of 2009.
Submission of the learned counsel for the petitioner seems to be correct. Even if there was an agreement to sell as has been alleged by the tenant, right, title or interest does not pass into the hands of the tenant. He will continue as tenant till the property is sold by a registered deed.
Rejection of the petition of the petitioner in view of the above is uncalled for.
Patna High Court CWJC No.8048 of 2011 dt.29-07-2015
2 / 2
The order dated 18.3.2011, contained in Annexure-1, is
quashed. Writ application is allowed.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
U
2 issues framed by the court
Whether Additional Munsif – II, Bhabua committed an error in law in rejecting the tenant's petition under Section 15(1) of B. B. C. Act.
Whether title passes to a tenant only upon a registered sale deed.
2 provisions across 2 enactments
Dr. Nagendra Prasad
Ram Dayal Singh @ Dilar Singh
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
