SUJIT NARAYAN PRASAD,J. - (1.) The writ petition is under Article 226 of the Constitution of India, whereby and whereunder order dated 11.02.2019 passed in Eviction Suit No.20 of 2018 as well as order dated 14.04.2019 passed in Execution Case No.15 of 2019, are under challenge.
(2.) It is the case of the petitioner that the shop in question is under the possession which is running at Mauza Ramgarh Khata No.26, Plot No.748 area of 15 X 25 total area 500 sq.feet. since 30.03.1989 vide shop license no.888 dated 30.03.1989 issued by the General Manager Small Scale Industrial Office, Hazaribagh. The land holder namely Guruwa Sheikh who died in the year 1926 leaving behind four legal heirs, one son namely Sahdul Mian and three daughters namely Fatima Khatoon, Rahima Khatoon and Bhuini Khatoon. Sahdul Mian died leaving behind two legal heirs namely Md. Ashraf and Md. Taj. Md. Taj died leaving behind his widow namely Rajia Khatoon who has filed a mutation case no.07/93-94 and mutation case no.01/95 of her share which was decided in her favour. Rajia Khatoon has executed Panchnama sale deed in favour of the petitioner of an area of 3 decimal out of 1.44 acre after receiving Rs.25,000/- and thereafter, the petitioner has constructed the shop of asbestos sheet and carrying out his business. When the respondent no.4 has filed eviction suit being Eviction Suit No.20 of 2018 on 20.07.2018 against the petitioner for eviction from the shop before the Sub Divisional Magistrate, Ramgarh in which, an order has been passed under the provision of Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011, hereinafter referred to as the Act, 2011 as also execution case being Execution Case No.15/2019 has been filed before the Controller cum Sub Divisional Executive Magistrate, wherein the required amount had been directed to be deposited for deputing the police personnel for evicting the petitioner from the premises in question. The petitioner has filed an appeal before the appellate authority on 11.02.2019 which was fixed for hearing on 17.05.2019 but since due to threat of eviction, the present writ petition has been filed for quashing the order dated 11.02.2019 passed in Eviction Suit No.20/2018 and order dated 14.04.2019 passed in Execution Case No.15 of 2019.
(3.) This Court after hearing the learned counsel for the petitioner has passed order on 03.05.2019 and has issued notice upon the respondent no.4 as also passed Ad-Interim order to maintain the status quo considering the fact that the petitioner has filed an appeal which is to be heard on 17.05.2019 but since there was threat of eviction, therefore, Ad-Interim relief has been passed in favour of the petitioner. In terms of the notice issued by this Court vide order dated 03.05.2019, the respondent no.4 has appeared through his counsel namely Mr. A.K. Sahani.;