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2020 Supreme(Jhk) 432

RAJESH SHANKAR
Nikhil Kumar Singh – Appellant
Versus
Kashi Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anand Kumar Pandey, Advocate
For the Respondent:Mr. Indrajit Sinha, Mr. Vipul Poddar, Advocate

JUDGMENT :

The present writ petition has been filed for quashing the order dated 28.03.2019 passed by the Civil Judge (Junior Division)-I, Palamau at Daltonganj in Execution Case No. 02 of 1986, whereby an application dated 25.01.2019 filed by the petitioners under Section 47 CPC has been rejected.

2. The factual background of the case as stated in the writ petition is that the grandmother of the respondent namely, Dhilni Mallahin filed a suit for eviction being Title Suit No. 10 of 1975 for recovery of arrears of rent as well as for eviction of the original defendant/judgment debtor-father of the petitioners from the suit premises consisting of a house standing over Plot No. 709, Khas Mahal Holding No. 1065 in Mohalla-Abadganj, measuring an area of 0.17 acre in the town of Daltonganj on the ground of personal necessity as the respondent who joined Daltonganj Bar as an Advocate required an accommodation in the suit premises which was suitable one. Vide judgment and decree dated 31.03.1986, the Additional Munsif, Daltonganj held that the plaintiff was able to establish the requirement of suit premises for her personal necessity and thus the same was decreed only on the ground of perso

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