Sharda Devi and Others vs Laxmi Narayan Gupta and Another

B.P. Jha, J.

1.Heard Learned Counsel for both the parties.. This civil revision petition is against an order dated 15th April, 1986.

By the impugned order, the court below has not deleted the names of defendants) nos. 2 to 7. According to the allegation in the plaint, defendants 2 to 7 are the sub-tenants.

It is contended by the Learned Counsel for the petitioners that the question of eviction of the sub-tenants can be made only u/s 11 (1) (a) of the Bihar Buildings (Lease Rent and Eviction) Control Act, 1982 (hereinafter referred to as ''the Act'') and not u/s 14 (1) of the Act. His contention is correct.

I, therefore, direct the court below to try the suit in respect of the eviction of the subtenants (defendant nos. 2 to 7) separately u/s 11 (1) (a) of the Act.

So far as the personal necessity u/s 14 (1) of the Act is concerned, the court below is directed to try the suit u/s 14 (1)of the Act; but in that suit it will not pass any order of eviction against defendant nos. 2 to 7. In the trial u/s 11 (1)of the Act, the court below will pass the necessary orders against defendant nos, 2 to 7 if it so desires.

I direct the court below to dispose of the earlier suit and the present suit after bifurcation (as stated above) within three months from today. In this connection any party will produce a certified copy of the order of this Court. In the result, the order dated 15th April, 1986 is set aside and the petition is allowed. The court below is directed to follow the directions, as mentioned above. The parties shall bear their own costs.