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2001 Supreme(Pat) 183

NAGENDRA RAI
Srimati Manorma Devi – Appellant
Versus
Surendra Prasad Viskarma @ Surendra Prasad Mistri – Respondent


Judgment

1. The decree holder is the petitioner against the order dated 29.5.2000 passed by Sri K.K.Mahta, Munsif, Sheikhpura in Eviction Execution Case No. 4 of 1994 by which he has allowed the prayer of the judgment debtor and held that the said execution case is not maintainable.

2. The facts giving rise to the present Civil revision are as follows. The petitioner filed a suit for eviction on the ground of personal necessity under Section 11(1) (c) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as the Act) against the opposite party with regard to suit premises described in the plaint. The suit was tried under the special procedure as provided under Section 14 of the Act and the same was decreed on 21.3.1994. The judgment debtor filed a Civil Revision being Civil Revision No. 803 of 1994 in this Court and a learned Single Judge of this Court by order dated 19.12.1996 having noticed that the question of partial eviction as provided under Section 11(1) (c) of the Act was not considered, called for a finding from the trial Court on the question of partial eviction with a direction to it to send its finding within three months. It appears f




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