IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 3415 of 2009
---
1. Gopalji K. Parmar
2. Jitendra Parmar ... Petitioners
Versus
Khusal Ram ... Respondent
---
CORAM : HONBLE MR. JUSTICE R. K. MERATHIA
---
For the Petitioner : Mr. Ranjan Kumar Singh
For the Respondent : Mr. P. K. Deomani
---
2. 18.01.2010
: Counsel for the respondent is permitted to make necessary
correction in paragraph-2(f) of the counter affidavit.
Mr. Ranjan Kumar Singh, appearing for the petitioner,
submitted that the difficulty in vacating the suit premises, as per
the decree, is that the suit property has been said to be a “double
storeyed building”, but as per schedule of the plaint, petitioner is
in occupation of the five rooms including kitchen, latrine and
bathroom of the ground floor and two rooms and one store room
of the “second floor”, which means that the building consist of
ground, first and second floor.
Counsel for the respondent, on the other hand, submitted
that “double storeyed” was meant to indicate first and second
apart from the ground floor and the petitioners are well aware as
to the area of occupation on which the suit was contested
between the parties. He referred to the counter affidavit filed in
this case.
In the circumstances, the petitioner is required to vacate the
entire ground floor and two rooms and one store room on the
second floor of the building in occupation of the petitioner. The
learned court below has rightly rejected the objection of the
petitioner. Accordingly, this writ petition is, dismissed. However,
no costs.
(R. K. Merathia, J.)
MK