Disposed

Shanti Kumar Jain v. Shakuntala Devi

Patna HC1 Dec 2021C.Misc./378/2021

Case brief

AI extract

What is this about?

The High Court directed the Additional District Judge to dispose of a petition regarding the maintainability of an appeal against an eviction decree within two months, questioning jurisdiction under the Bihar Building (Lease, Rent and Eviction) Control Act, 1982.

What did the court decide?

Direction to the Additional District & Sessions Judge, Samastipur to dispose of the petition dated 05.02.2019 within two months.

Shanti Kumar Jain Vs Shakuntala Devi — Landlord and Tenant | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.378 of 2021

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======================================================

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Shanti Kumar Jain, Son of Late Parmeshwar Lal Jain Resident of MohallahMarwari Bazar, Ward No.22, Town- Samastipur, Post Office and Police Station- Samastipur, District- Samastipur.

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... ... Petitioner/s

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Versus

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Shakuntala Devi, Wife of Late Sushil Kumar Sinha Resident of MohallahMarwari Bazar, Ward No.22, Town Samastipur, Police Station and Post Office- Samastipur, District- Samastipur.

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Prem Kumar Sinha, Son of Late Sushil Kumar Sinha Resident of MohallahMarwari Bazar, Ward No.22, Town Samastipur, Police Station and Post Office- Samastipur, District- Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 01-12-2021 Heard the learned counsel for the petitioner.

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The learned counsel for the petitioner has submitted that the plaintiff-landlord has filed a suit for eviction as Eviction Suit No.4 of 2013, which was decreed by the Court below. Against that decree, the Appeal was filed and pending before the Additional District Judge, Samastipur as Eviction Appeal No.3 of 2018. Learned counsel for the petitioner has submitted further that the suit was only on the ground of personal necessity under Section 11(1)(c) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the ‘BBC Act’), as such, the decree may only be challenged

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Patna High Court C.Misc. No.378 of 2021(2) dt.01-12-2021 2/2

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under revisional jurisdiction under Section 14(8) of the BBC Act and the Appeal was not maintainable. The respondent has filed the petition dated 05.02.2019 for hearing the matter on the point of maintainability but after lapse of two years that petition has not been disposed of as yet.

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In the above mentioned facts and circumstances, the learned Additional District & Sessions Judge, Samastipur is directed to dispose of the petition dated 05.02.2019, as expeditiously as preferably within a period of two months. This two months limitation will be subject to any procedural or legal impediment which is beyond the contract of the parties.

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With these observations and directions, the present Civil Misc. petition is being disposed of.

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(Nawneet Kumar Pandey , J)

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sanjeev/-

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Shanti Kumar Jain v. Shakuntala Devi

Case brief

What is this about?

What did the court decide?

Shanti Kumar Jain v. Shakuntala Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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