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2005 Supreme(Jhk) 20

N.N.TIWARI
SHYAM SUNDAR BAZAZ – Appellant
Versus
SANWARMAL JALAN – Respondent


Advocates Appeared:
Alok Lal, P.K.PRASAD, Pandey Neeraj Rai

Judgment :

( 1 ) IN this writ application, the petitioners have prayed for quashing the order dated 17-5-2004 passed by the Additional Munsif at Ranchi in Eviction Title Suit no. 15 of 1997 whereby the Court below has refused to accept the additional written statement filed by the defendant No. 2 - petitioner and also the order dated 19-2-2004 rejecting the prayer for recalling the plaintiffs witnesses for their cross-examination and directing the defendant petitioner to produce their evidences.

( 2 ) THE petitioner is the substituted defendant No. 2 in the said suit. The said suit for evietion was filed by the plaintiff-respondent against M/s. Jethmal Satyanarayan in the Court of the Munsif praying a decree for ejectment of the defendant from the suit premises on the ground of default in making payment of rent under the provisions of section 11 (1) (d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the said Act or the B. B. C. Act ). The plaintiffs case is : that he is the landlord and the defendant is a tenant in a portion of the suit premises consisting of two shop rooms. In the year 1987, the House Rent Controller had fixed the f













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