HARIHAR SAO Vs. BHAGWAN DAS

JUDGEMENT

(1.) This is an appeal by the judgment-debtor, arising out of a proceeding under Ss. 144 and 151 of the Code of Civil Procedure, in Execution Case No. 212 of 1953 of the Court of third Munsif, Patna. The landlord-respondent, Bhagwan Das, obtained an order of the House Controller, Fatna, for eviction of the judgment-debtor from plot No. 893, holding No. 133, Circle No. 9, Ward No. II, the area being 26 cubits x 24 cubits, which is a part of this plot. The tenant-judgment-debtor filed an appeal before the Collector, Patna, which was rejected on the 21st of January, 1953. The revision against that order was also dismissed by the Commissioner, Patna Division, on the 4th May, 1953. The judgment-debtor-appellant, thereafter, filed Title suit No. 57 of 1953 for a declaration that the order of the Mouse Controller as affirmed by the Collector and the Commissioner was illegal and void.

(2.) On the 31st of January, 1955, this suit was dismissed. The plaintiff-judgment-debtor preferred an appeal from that decision on the 24th of February, 1955. The landlord-respondent, thereafter, obtained delivery of possession through Court on the 26th of March, 1955. The lower appellate Court allowed the appeal and decreed the suit by its judgment dated the 12th of August, 1955. Against that judgment, the respondent preferred Second Appeal No. 1408 of 1955 to this Court which, however, was dismissed on the 26th of August, 1958.

(3.) The tenant-appellant thereafter made an application for restitution of the land from which he was evicted under Ss. 144 and 151 of the Code of Civil Procedure, on the 25th of April, 1955, before the Execution Munsif, Patna. The application was, however, rejected. The present application was filed on the 15th of September, 1955, and it gave rise to Miscellaneous case No. 364 of 1955. This miscellaneous case was allowed on the 18th of November, 1958, by which the tenant-appellant was allowed recovery of possession as well as damages at the rate of Rs. 105/- per month. Against that, the respondent-landlord filed Miscellaneous Appeal No. 171/10 of 1958, On the 13th of January, 1959, the Additional Subordinate Judge, Patna, allowed the appeal in part holding that damages should be at the rate of Rs. 7/-per month which was the rental for which the suit land was alleged to have been let out to the tenant-appellant. As for recovery of possession, he ordered that it should be subject to the rights of the persons who were inducted on to the land by the landlord-respondent. The tenant-appellant has come up to this Court against the decision of the Court of appeal below.