Jharkhand High Court
Smt. Kalindi Devi vs Ratan Lal & Anr on 1 October, 2015
IN THE HIGH COURT OF JHARKHAND AT RANCHI Second Appeal No.28 of 2007 Smt. Kalindi Devi ...... Appellant Versus Ratan Lal & Others ...... Respondents CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY For the Appellant : NONE For the Respondent : Mr. Manjul Prasad, Sr. Advocate Mr. Jitesh Kumar, Advocate Order No.15 st Dated: 1 October, 2015 This appeal was admitted on 23.07.2008 after formulating substantial question of law and proceeding of Execution Case No.02 of 2007, pending in the Court of Subordinate JudgeV, Jamshedpur was directed to be stayed.
Learned counsel for the appellant is absent. It appears that suit for evicting the defendantappellant was filed under Order 11(i)(c) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (for short hereinafter referred to as the "BBC Act"). The suit was decreed in favour of the plaintiff whereafter defendant preferred Civil Revision No.185 of 2000 R. After disposal of said civil revision, plaintiff went to the Supreme Court and filed S.L.P. No.3430 of 2001 and the matter was remitted back to the trial court to decide the issue of partial eviction under Proviso 11(i)(c) of the BBC Act. The matter was decided by the trial court against which first appeal under Section 96 of the C.P.C. was preferred before the learned Principal District Judge, East Singhbhum at Jamshedpur vide Eviction Appeal No.02 of 2006. Aforesaid eviction appeal was decided against the defendant and hence this second appeal.
According to sub Section 8 of Section 14 of the BBC Act, against an order passed under the Provision contained u/s 11(i)(c), civil revision is maintainable. Since the counsel appearing for the appellant is absent, it is not made clear as to 2. how the first appeal was entertained by the learned District Judge, East Singhbhum at Jamshedpur.
In the circumstances, the order dated 23.07.2008, by which proceeding of Execution Case No.02 of 2007 pending in the Court of Subordinate JudgeV, Jamshedpur was directed to stayed, stands vacated.
List this case after Durga Puja vacation enabling the counsel appearing for the appellant to satisfy the Court as to whether this second appeal shall be entertained to answer the substantial question of law formulated or the first appeal which was entertained by the learned District Judge was without jurisdiction.
(D. N. Upadhyay, J.) NKC