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2016 Supreme(Jhk) 759

APARESH KUMAR SINGH
Commissioner of Hazaribagh Nagar Parishad – Appellant
Versus
Rup Chand Jain – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.S. Mazumdar, Mr. Rohit Roy.
For the Respondent: Mr. Ayush Aditya, Mr. Shashank Shekhar.

ORDER :

Aparesh Kumar Singh, J.

Heard counsel for the parties.

2. In all these writ petitions there is a common thread binding the case of the parties. The petitioner i.e. the Commissioner of Hazaribag Nagar Parishad is a objector under Order 21, Rule-97, 99 and 101 read with Section 151 of the CPC in Execution Case Nos.16/1989, 17/1989, 18/1989 and 20/1989 instituted by the respondent No. 1 decree holder in Eviction Suit Nos. 14 of 1986, 03 of 1988, 04 of 1988 and 05 of 1988. Decree and judgment dated 31st March, 1989 rendered by the court of learned Sub Judge-I, Hazaribag. Title Suit No. 52/1983 was an Inter Pleader Suit filed by the tenants i.e. other private respondents herein for a declaration as to which of the two claimants i.e. the landlords are entitled to payment of rent in respect of the suit property. Eviction Suit Nos. 01/1988, 02/1988, 03/1988, 04/1988 and 05/1988 all were preferred by the respondent landlord against their tenants in respect of the properties described in the schedule annexed to the plaint. All these suits were decided by the common judgment and decree dated 31.03.1989 and decree dated 10th April, 1989 (Annexure-4 to the writ petition No. 567/2015). The










































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