Binay Kumar vs Dr. Shankar Nath on 14 February, 2023

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Patna High Court - Orders

Binay Kumar vs Dr. Shankar Nath on 14 February, 2023

Bench: Khatim Reza

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               SECOND APPEAL No. 393 of 2022
                 ======================================================
                 Binay Kumar

                                                                             ... ... Appellant/s
                                                    Versus
                 Dr. Shankar Nath

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :     Mr. Jitendra Kishore Verma, Advocate
                                                Mr. Ravi Raj, Advocate
                                                Mr. Shreyash Goyal, Advocate
                 For the Respondent/s     :     Mr. Surendra Kishore Thakur, Advocate
                                                Mrs. Y. Madhori, Advocate
                                                Mr. Ashutosh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

5   14-02-2023

Heard Mr. Jitendra Kishore Verma, learned counsel for the appellant and Mr. Surendra Kishore Thakur, learned counsel for the respondent.

Admit.

This Second Appeal shall be heard on the point of following substantial questions of law:-

1. Whether the notice (Ext. 2/B) to demolish the tenanted premises does not stand waived in view of the conduct of the Bihar State Housing Board to register the final deed of Conveyance/lease (Ext. B) during pendency of the suit?

2. Whether lease deed registered on 29.05.2013 wherein Clause 7 mentioned commercial cum residential which vitiate the Section 11(f) on the point of registration of lease Patna High Court SA No. 393 of 2022(5) dt.14-02-2023 2/3 deed?

3. Whether the present suit for eviction under BBC Act was maintainable and not barred in view of Section 58 of Bihar State Housing Board which aspect was not considered by either of the Court below?

4. Whether in view of clause 8 and 16 of the registered deed of conveyance/lease dated 29.05.2013 (Ext. B) does the alleged cause of action for the suit survives and have the courts below not acted perversely in still decreeing the suit?

Call for the lower court records. Learned counsel for the respondent accepts the notice on behalf of the respondent.

The appellant is directed to deposit the special messenger cost for bringing the lower court records within two weeks.

Re: I.A. No. 01 of 2023 This interlocutory application has been filed under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure for staying the further proceeding of Execution Case No. 237 of 2021 pending before learned Court of Execution Munsif, Patna during the pendency of this Second Appeal.

Learned counsel for the respondent accept the notice Patna High Court SA No. 393 of 2022(5) dt.14-02-2023 3/3 on behalf of the respondent.

During the pendency of this Second Appeal, further proceeding of Execution Case No. 237 of 2021 pending before learned Court of Execution Munsif, Patna, shall remain stayed.

List this case on 21.03.2023 at 02.15 pm under the heading 'For Hearing'.

(Khatim Reza, J) premchand/-

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Patna High Court - Orders