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Showing contexts for: bbc act in Ratan Kumar Sarawgi vs Vishwanath Sarawgi And Ors on 8 August, 2023Matching Fragments
Patna High Court CWJC No.1428 of 2016 dt.08-08-2023
6. He has further submitted that suit had been filed for eviction under BBC Act on ground of default and personal necessity. However, an alternative relief for eviction on the basis of title of the petitioner had been made in relief in para 19 (Ka) of the plaint that in case the defendant denies the title of the plaintiff, then the Court will declare plaintiffs' title and due to that reason he paid ad valorem Court fee. The amendment was formal in nature and not changed the nature of suit. Learned senior counsel for petitioner has further submitted that defendant No. 1 on the basis of registered family settlement dated 19.12.1988 has gifted a portion of suit Plot No. 87 vide gift deed executed on 27.05.2011 wherein he has accepted the petitioner in northern and eastern boundary which clearly shows that defendant No. 1 has already accepted the partition deed dated 19.12.1988 and he cannot denied the same at this stage.