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2009 Supreme(Pat) 1079

S.N.HUSSAIN
Jugal Kishore Khetan Son Late Mahabir Prasad Khetan – Appellant
Versus
Mohan Lal Khetan Son Of Late Mahabir Pd. Khetan – Respondent


JUDGEMENT

1. This civil revision has been filed by the plaintiffs-decree holders-respondents 1st set-petitioners challenging order dated 23.7.2007, by which learned Additional District Judge-cum-F.T.C.-IV, Darbhanga allowed Misc. Appeal No. 10 of 2005, set aside order dated 27.6.2005 passed in Execution Case No. 19 of 1993 and remanded the matter to the executing court for fresh consideration and decision on the application filed by the sole intervenor- appellant-opposite party under Order XXI Rules 98 and 99, read with Section 151 of the Code of Civil Procedure (herein after referred to as the Code for the sake of brevity).

2. This matter arises out of Eviction Suit No. 30 of 1985. which was filed by the petitioners against the tenants Zubaida Khatoon and others (not party to this civil revision) for their eviction on the ground of personal necessity under the provision of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (herein after referred to as the Act for the sake of brevity). In the said suit, the defendants appeared and contested.

3. During the pendency of the eviction suit, the opposite party filed an application under Order I Rule 10 of the Code for adding

















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