SAROJ KUMAR SHUKLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner filed Eviction Suit No. 4 of 1992 against the opposite parties No. 1 to 3 eviction under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act') which was decreed on 18.2.1993. Thereafter, the petitioner levied Execution Case No. 4 of 1994 for execution of the said decree, which is pending disposal in the court of the Second Additional Munsif, Hazaribagh.

(2.) In the meantime, the opposite parties No. 4 and 5 filed Title Suit No. 4 of 1994 in the court of the Subordinate Judge, Hazaribagh, against the petitioner, with respect to the same property which was the subject matter of Eviction Suit No. 4 1992, for declaration of title as well as declaration of the two sale does dated 28.12.1973 and 19.4.1985 executed in favour of the petitioner relating to the property in question and for setting aside the decree dated 18.12.1993 passed in favour of the petitioner in the said Eviction Suit No. 4 of 1992. Besides this, the opposite parties 4 and 5 also claimed relief of permanent injunction restraining the petitioner from receiving payment of rent from the tenant and from making construction in the suit premises.

(3.) A separate petition under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure was filed in the said suit for grant of temporary injunction restraining the petitioner from receiving rent from the tenant and from making construction in the suit premises and further for restraining the tenant from making payment of arrears of rent as well as monthly rent to the petitioner. By order dated 10.5.1994, the injunction petition was disposed of and the tenant was restrained from making payment of arrears of rent as well as monthly rent to the petitioner and the petitioner was restrained from receiving payment of rent from the tenant. However, in the said order, the learned Subordinate Judge observed that if the aforesaid eviction decree is allowed to be executed, it would certainly cause unnecessary harassment.