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1979 Supreme(Pat) 204
HIGH COURT OF PATNA
B. P. JHA, J.
Smt. Rampati Devi - Petitioner
Vs
Ram Jatan Sharma & ors. - O. P.
C. R. No. 269 of 1979
Decided on: 5.9.1979
For the petitioners: Messrs. Ray Paras Nath and Mathura Prasad.
For the opp. party: Messrs. P.N. Bariyar and V.N. Sahay and Mrs. Mithilesh Varma.
Headnote:Bihar Building (Lease, Rent & Eviction) Control Act, 1977, Secs 15 (3) & 12 (e) – A petition under section 15 (3) can be converted into a suit under section 12 – The defendant shall be given opportunity to file written statement. (Para 2)
B. P. Jha, J.
In Civil revision petition, the petitioner has challenged the validity of the order dated 9th January, 1979.
2. By this order, the court below rejected the prayer of converting the application under section 15 (3) of the Bihar Buildings Lease, Rent and Eviction) control Act, 1977 (hereafter referred to as 'the Act', into a title suit. I do not understand on what ground the court below was justified in refusing such a prayer. There is nothing wrong in converting an application u/s 15 (3) of the Act, into a title suit. The defendant shall have an opportunity to rebut the allegation of the plaintiff petitioner by filing written statement. Hence, the court below did not exercise the jurisdiction which was vested in it in law by refusing such prayer. I allow such prayer and the defendant should be given an opportunity to file the written statement.
3. In the result, the petition is allowed and the order dated 9th January, 1979 is set aside. The court below is directed to follow the directions made above. The parties shall bear their own costs.
Application allowed.
