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Judgment
D.G.R. Patnaik, J.—This appeal will be heard on the following substantial questions of law:
(i) Whether the findings of the lower Appellate Court reversing the finding of the trial Court on the issue of plaintiffs'' title and decreeing the suit as a full fledged title suit, although the plaintiffs'' suit was originally for eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, is perverse?
(ii) Whether on amendment of the plaint at the appellate stage, the defendants were not given any opportunity to defend and file their additional written statement and, if so, whether the decree passed by the lower Appellate Court on the basis of the amended plaint can be sustainable in law?
(iii) Whether the finding of the lower Appellate Court on the defendants'' case of adverse possession was based on an erroneous consideration of the evidence and materials on record and therefore perverse?
(iv) Whether the suit is barred u/s 65 of the Limitation Act and the finding of the Appellate Court in this regard is sustainable?
The Court hearing the appeal may frame any other substantial questions of law, as may arise, at the time of hearing.
Since the respondents have already through lawyer, no notice need issue.
Call for the lower Court records.
IA No. 472 of 2008
IA petition has been filed on behalf of the appellants for stay of further proceedings In connection with Execution Case No. 3 of 2007 pending before the Sub-Judge VIth, Ranchi.
Learned counsel for the appellants explains that the appellants are residing in the suit premises where they are running their industry which is the only source of their livelihood.
It is further submitted that the appellants have very good ground for succeeding in this appeal and since the respondents are pursuing in the execution proceedings, the eviction of the appellants from the suit premises would cause serious prejudice to them.
Learned counsel for the respondents oppose the prayer for stay of the execution proceedings.
Considering the facts and circumstances and the submissions made on behalf of the appellants, the prayer for stay is allowed and further proceedings in execution case No. 3 of 2007 pending before the Sub-Judge VI, Ranchi is stayed until further order.
Since the present litigation was initiated in the year 1987, it would be appropriate that this case be heard and disposed of finally at an early date.
Let this case be listed for hearing on 9th July. 2008 amongst first ten cases.