IN THE HIGH COURT OF JHARKHAND
H.C. Mishra, J
Sadhvendra Singh v. Bharat Coking Coal Ltd. Dhanbad and Others
| Table of Content |
|---|
| 1. possession claims over lands. (Para 2 , 3 , 4 , 5) |
| 2. illegality of eviction based on public premises. (Para 6 , 10) |
| 3. unnecessity of parties seeking impleadment. (Para 8 , 9) |
| 4. court's discretion regarding party impleadment. (Para 11 , 12 , 13) |
| 5. final ruling quashing prior orders. (Para 15 , 16) |
1. Heard learned counsel for the parties.
2. Plaintiff in Title suit No. 3 of 1999 instituted in the Court of Sub-Judge - Ist, Dhanbad is the petitioner herein. Respondent - B.C.C.L. and its official were impleaded as principal defendants while other parties being the brothers of the plaintiffs were impleaded as pro forma respondents. Plaintiff sought a decree as against the defendant Nos. 1 to 3 declaring that Schedule - 'A' and 'B' premises are not public premises and have not vested with defendant No. 1 and that no proceedings in the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 can be initiated in respect of Schedule - A and B premises. As such the order passed in Eviction Case No. 29/86 is illegal, void and mala fide and not binding upon the plaintiff. He further sought a declaration restraining the defendant Nos. 1 to 2 from interfering with the plai
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