TABARAK KHAN Vs. NIRAJ KUMAR AGARWAL
LAWS(PAT)-2019-12-110
HIGH COURT OF PATNA
Decided on December 09,2019

TABARAK KHAN Appellant
VERSUS
Niraj Kumar Agarwal Respondents

JUDGEMENT

- (1.) The present petition has been filed "against the order dated 20.09.2019 passed by the learned Munsif Ist, Munger in Eviction Suit No. 12/2017 (CIS No. 12/2017) (Neeraj Kumar Agrawal and another vs. Tabarak Khan) by which the learned Munsif Ist, Munger has been pleased to allow the application filed by the plaintiff-respondent for appointment of the pleader commissioner."
(2.) The defendant/petitioner is said to have been the tenant of the landlords Premranjan Kumar Singh and Anuranjan Kumar Singh. When the defendant/petitioner refused to agree for enhancement of rent and to vacate the premises, the landlords sold the property to the plaintiffs/respondents through two separate sale deeds both dated 3.12.2001, who then brought Eviction Suit No. 12/2017 against the defendant/petitioner.
(3.) The defendant/petitioner filed a petition under Order VII Rule 11 which was dismissed. Thereafter, the plaintiffs/respondents filed an application for appointment of survey knowing pleader commissioner on the ground that the defendant/petitioner was changing the physical features of the suit property by making new construction and boundary wall. A prayer was therefore made for a report to be called with respect to the present status of the suit property.;


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