Vinod Kumar Khemani v. Atma Lal Jalan

Patna High Court CWJC No.10704 of 2012 (11) dt.26-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10704 of 2012 ======================================================

1. Vinod Kumar Khemani, son of Motilal Khemani Resident of Bandhan Tola, Ara, P.S.- Ara-Nawada, P.O.- Ara, District- Bhojpur .... .... Petitioner/s

Versus

1. Atma Lal Jalan, son of Late Basant Lal Jalan Resident of MohallaStation Road, Ara, P.S.- Ara Nawada, P.O.- Ara, District- Bhojpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra Sinha-Advocate For the Respondent/s : Mr. Binod Kumar Singh-Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner as well as learned counsel for the respondent.

Gone through the order impugned. Instead of providing permission in terms of Sub-section-4 of Section 14 of the Bihar Building (Lease Rent and Eviction) Control Act, the learned lower court rejected the same by the order impugned. Although since before the same, written statement on behalf of petitioner/ defendant was already there and on account thereof, made the matter more complicated.

Accordingly, order impugned is set aside directing the learned lower court to allow the petitioner/ defendant to contest in terms of Section 14(4) of the Bihar Building (Lease Rent & Eviction) Control Act.

Patna High Court CWJC No.10704 of 2012 (11) dt.26-11-2015 Petition is allowed. Because of the fact that it happens to be an eviction suit on account of personal necessity, therefore, the learned lower court is directed to proceed with the trial expeditiously without granting undue adjournment to either of the party.

(Aditya Kumar Trivedi, J) Vikash/- U