BAIJNATH SAO Vs. RAM PRASAD

JUDGEMENT

(1.) This is a deft's. appeal which arises out of a suit filed by the pltf. for a declaration that the order of eviction by the Comr. Of the Patna Division, dated 29-8-1947, passed under the Bihar Buildings Control Act, 1947, is ultra-vires, null & void, without jurisdiction & not; binding on the pltf.; the pltf has also prayed for the issue of a permanent injunction restraining the deft. from ousting the pltf. from any portion of holding No. 23, circle No. 16 ward No. 8, situate in mahalla Sabzibagh of Bankipur.

(2.) The first Ct. dismissed the suit, but it has been decreed on appeal by Mr. K. K. Dutta, Addl. Subordinate Judge, 2nd Ct. Patna, by his judgement dated 23-2-1948.

(3.) The pltf.'s case is that the entire holding No. 23 as well as holding No. 22, which is adjacent north of it, belonged to Messrs. T. C. Palit & S. C. Palit, that out of these two holdings, holding No. 22 was the tenancy of the deft. applt. & the northern portion of holding No. 23 was in the tenancy of one Lachhmi Mistry & the southern portion of holding No. 23, which is the portion in. dispute, has been in the tenancy of the pltf.'s family since several generations & the pltf. holds-a shop & also lives in it with his family. It is alleged by the pltf. that the deft. took a permanent settlement of holding No. 22 as well as the northern portion of holding No. 23 from the proprietors by a deed dated 6-8-1946, & thereafter the deft. applied to the House Controller, Patna for evicting the pltf. on the allegation that he had purchased both the holdings Nos. 22 & 23. The House Controller had rejected the appln. of the deft. but on appeal, the Comr. has ordered the eviction of the pltf. The pltf. alleges that he is a. permanent tenant of the holding & that there is no relationship of landlord & tenant between the deft. & the pltf. & therefore, according to him, the. Bihar Buildings Control Act, 1947, had no application & consequently, the order of the Comr.. under that Act is without jurisdiction.