Court : Patna
Decided on : Jan-06-1998
..... of the intervenor on the ground that there cannot be bequeath of tenancy rights as will can be executed with respect to 'property' under section 2(h) of the indian succession act. this court noticed a decision of the apex court in basant pratap pandit v. anand trimbak submis : [1994]3scr451 , wherein the claim of executor/legatee for eviction ..... civil revisions are allowed, the case is sent back to the court below for fresh trial. it will be open to the parties, should they so desire, to amend their pleadings and adduce further evidence on question of title. needless to say that in such an eventuality the plaintiff may be asked to pay further court fee in accordance ..... sons) cannot be treated to be tenant counsel urged that if the plaintiff wanted any decree against defendant nos.2 and 3 treating them as tenants, they should have amended their plaint and sought relief of eviction against them. reference was made to paragraphs 57 and 58 of the deposition of the plaintiff as p.w. 5. mr dwivedi .....
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