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1979 DIGILAW 204 (PAT)

Rampati Devi v. Ram Jatan Sharma

1979-09-05

B.P.JHA

body1979
JUDGMENT B. P. Jha, J. In Civil revision petition, the petitioner has challenged the validity of the order dated 9th January, 1979. 2. By this order, the court below rejected the prayer of converting the application under section 15 (3) of the Bihar Buildings Lease, Rent and Eviction) control Act, 1977 (hereafter referred to as 'the Act', into a title suit. I do not understand on what ground the court below was justified in refusing such a prayer. There is nothing wrong in converting an application u/s 15 (3) of the Act, into a title suit. The defendant shall have an opportunity to rebut the allegation of the plaintiff petitioner by filing written statement. Hence, the court below did not exercise the jurisdiction which was vested in it in law by refusing such prayer. I allow such prayer and the defendant should be given an opportunity to file the written statement. 3. In the result, the petition is allowed and the order dated 9th January, 1979 is set aside. The court below is directed to follow the directions made above. The parties shall bear their own costs. Application allowed.