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2019 Supreme(Pat) 261

BIRENDRA KUMAR
Dilip Kumar Gupta, S/o Sri Dineshwar Prasad Gupta – Appellant
Versus
Kameshwar Prasad Gupta, S/o Late Rameshwar Prasad Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Md. Waliur Rahman, Mr. Nishant Kumar Sinha, Advocate

JUDGMENT :

Heard learned counsel for the petitioner.

2. This civil revision has been preferred, under Section 115 of the Code of Civil Procedure, against the order dated 14.07.2016, passed by the learned Sub-Judge-IV, Patna in Eviction Suit No.562 of 2014.

3. The sole opposite party, Kameshwar Prasad Gupta filed Eviction Suit No.562 of 2014 against the petitioner praying therein for declaration that the plaintiff is absolute owner of the suit premise detailed in schedule 1 of the plaint and possession of the defendant is permissive possession. The plaintiff further prayed that a decree of eviction be passed directing the defendant to vacate and deliver the suit premise to the plaintiff by the date fixed by the court.

4. The plaintiff asserted in the plaint that suit property was acquired by the plaintiff in a partition of the joint family property in Partition Suit No.252 of 1997 and after partition decree the defendant-petitioner was in permissive possession of the premise allotted in partition to the plaintiff.

5. In para 14, plaintiff has stated that :-

“Cause of action for the suit arose on all the dates mentioned above and on the date when the private partition among the three sons

















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