Ashok Kumar v. Ajay Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.211 of 2022 ====================================================== 1.

Ashok Kumar son of Late Nand Kishore Prasad resident of Mohalla- Old Gurhatti, P.S.- Chapra Town, District- Saran. 2.

Asha Devi wife of Vinod Prasad resident of Mohalla- Old Gurhatti, P.S.- Chapra Town, District- Saran.

3.

Durgawati Devi wife of Ashok Kumar resident of Mohalla- Old Gurhatti, P.S.- Chapra Town, District- Saran.

... ... Petitioner/s

Versus

1.

Ajay Singh son of Late Ramanand Singh resident of Mohalla- Dahiyawa Tola, Sri Nandan Path, West of Municipal Chauk Sahitya Press, P.S.- Chapra Nagar, P.O.- Chapra, District- Saran.

2.

Pankaj Singh son of Ajay Singh resident of Mohalla- Dahiyawa Tola, Sri Nandan Path, West of Municipal Chauk Sahitya Press, P.S.- Chapra Nagar, P.O.- Chapra, District- Saran.

3.

Dhiraj Singh son of Ajay Singh resident of Mohalla- Dahiyawa Tola, Sri Nandan Path, West of Municipal Chauk Sahitya Press, P.S.- Chapra Nagar, P.O.- Chapra, District- Saran.

4.

Neeraj Singh son of Ajay Singh resident of Mohalla- Dahiyawa Tola, Sri Nandan Path, West of Municipal Chauk Sahitya Press, P.S.- Chapra Nagar, P.O.- Chapra, District- Saran.

5.

Rajiv Singh @ Sonu son of Ajay Singh resident of Mohalla- Dahiyawa Tola, Sri Nandan Path, West of Municipal Chauk Sahitya Press, P.S.- Chapra Nagar, P.O.- Chapra, District- Saran.

6.

The learned Sub- Judge-XII, Civil Court, Saran, Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2022 Heard learned Counsel for the petitioners.

The petitioners are the plaintiffs in an eviction suit, bearing Eviction Suit No. 23 of 2018 pending before learned Sub Judge XII, Saran, at Chapra.

Learned Counsel for the petitioners submits that the

Patna High Court C.Misc. No.211 of 2022(2) dt.30-06-2022 2/2 petitioners purchased the suit land in the year 2007 and after purchase, the defendants-respondents accepted the relationship of landlord and tenant and they paid rent to the petitioners till May 2017, however, on the ground of bona fide need of the petitioners/plaintiffs, the suit for eviction was filed against the respondents/defendants, in which respondents have adopted delaying tactics; whereas, as per Section 14 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 the suit, on the ground of personal necessity, has to be disposed expeditiously by adopting the procedure of Court of small causes. Accordingly, the prayer is that the learned Court below be directed to dispose the suit as early as possible.

Having heard learned Counsel for the petitioners and the fact that the suit has been filed on the ground of personal necessity, the learned Court below is requested to dispose the suit as early as possible in accordance with the law without giving unnecessary adjournment to either parties. This application is disposed with the aforesaid observation and direction.

(Anil Kumar Sinha, J.) shobha/- U √