High CourtsSingle Bench(2001) 01 JH CK 0043

Ghanshyam Das Bajaj vs Keshav Prasad Modi and Another

Jharkhand High Court · Decided on 4 January 2001

HON’BLE JUDGES
Gurusharan Sharma, J
RESULT
Dismissed
CASE NUMBER
CR No. 484 of 2000 (R)

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Judgment

2 paragraphs · 215 words

Gurusharan Sharma, J.—Heard Mr. R.K. Merathia, counsel for petitioner, Title (Eviction) Suit No. 1 of 1994 filed u/s 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 was decreed on 25.11.1998. Title (Execution) Case No. 6 of 1998 was, thereafter, filed to execute the said eviction decree. In the meantime defendant filed C.R. No. 252 of 1999 u/s 14(8) of the said Act, in Patna High Court, which was disposed of on 1.9.1999. Finding of trial Court on the point of reasonable and bona fide requirement of suit premises was upheld and the matter was remitted to trial Court to consider and decide the question as to whether part eviction of the defendant from suit premises would reasonably satisfy the plaintiffs'' need. On remand trial Court recorded finding that plaintiffs'' requirement would be satisfied on partial eviction of defendant. Consequently, decree-holders filed a petition for necessary correction in description of premises over which they were to be put in possession. The Executive Court allowed the said prayer by impugned order. In my view, the impugned order does not suffer from any jurisdictional error and it was rightly passed in view of modification in original eviction decree. There is no merit in this revision application. It is, accordingly, dismissed.

2.

Revision application dismissed..