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2026 Supreme(Online)(Pat) 314

PATNA HIGH COURT
RAMESH CHAND MALVIYA, J
Pramod Kumar Agrawal – Appellant
Versus
Sanjay Kumar Agrawal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Manoj Kumar
For the Respondents: Mr. Surendra Kishore Thakur, Mr. Manjeet Kumar Roy, Mr.Ravindra Kumar @ Ravindra Kr Rai

Table of Content
1. introduction of case facts and tenant's history. (Para 2 , 3 , 4)
2. petitioner's claim of ownership and suit incompetency. (Para 5 , 7)
3. opposition's argument on maintaining tenant-landlord relationship. (Para 8)
4. scope of revisional jurisdiction under cpc. (Para 9 , 10)
5. legal principles on joint ownership and tenancy. (Para 11 , 12 , 13 , 14)
6. doctrine of lis pendens and tenant's rights. (Para 15 , 16)
7. court's finding on no error in trial court's order. (Para 17 , 18)
8. conclusion dismissing the civil revision. (Para 19)

CAV ORDER

18 06-02-2026

Heard learned Counsel for the petitioner as well as learned Counsel for the respondent.

2. This Civil Revision application has been filed against the order dated 30.11.2022 passed by the learned Sub- st st Judge 1 -cum-Additional Chief Judicial Magistrate 1 , Patna (hereinafter referred to as ‘Trial Court’) in Eviction Suit No. 98 of 2011 whereby and whereunder the petition filed by the petitioner/defendant under Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’) for dismissal of the suit, as due to subsequent development, the suit became incompetent and not fit to proceed, has been reject

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