Ishtiaque Ahmad vs. Abada Khatoon

IN THE HIGH COURT OF JHARKHAND AT RANCHI S.A. No. 186 of 2018

Ishtiaque Ahmad … APPELLANT

Abada Khatoon & Ors. … RESPONDENTS

- V E R S U S –

CORAM: HON'BLE MR. JUSTICE DR S. N. PATHAK

For the Appellant : Mr. Niraj Kishore, Advocate For the Respondents :

07/09.04.2019 This appeal is Admitted on the following substantial questions of law:-

1. Whether, the defendant is a torment regarding ownership of the plaintiff, which can be an issue before coming to a finding of the landlord – tenant relationship ?

2. Whether title is required to be established in a suit for eviction filed under the provision of BBC Act and the findings of the learned Courts below in contravention to this are wholly perverse ?

The other substantial question of law, if any, shall be formulated at the time of hearing of the instant appeal.

Let notices be issued to the respondents, through Registered cover with A/D as well as under Ordinary Process, for which requisites etc. must be filed within a period of two weeks.

Let Lower Court Records be called for from the Court concerned.

Put up this case under the appropriate heading in usual course.

I.A. No.8352 of 2018

This interlocutory application has been preferred under Order XLI Rule 5 of Civil Procedure Code for staying the further proceeding in connection with the Execution Case No. 04/2016 pending in the Court of Additional Munsif, Ranchi.

Learned counsel for the appellant submits that since the appeal has been admitted, it would be proper, if the proceeding in the said execution case is stayed otherwise the appellant shall suffer irreparable loss.

Having heard the learned counsel for the appellant and on being satisfied with the grounds taken in the instant interlocutory application, further proceeding of Execution Case No. 04/2016 pending in the Court of Additional Munsif, Ranchi be stayed till appearance of the respondents.

Accordingly, I.A. No.8352 of 2018 stands disposed of.