RAM PRASAD RAJAK vs NAND KUMAR & BORS. & ANR.

The Supreme Court upheld the decision of the Patna High Court's Full Bench in Mohd. Jainul Ansari vs. Khalil, affirming that a landlord can appeal under Section 96 CPC against a dismissal of an eviction suit, as no specific remedy is prescribed under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982. The Court distinguished the case from Vinod Kumar Chowdhry vs. Smt. Narain Devi Taneja, asserting that the provisions of the two acts are not pari materia. The appeal was dismissed, confirming the High Court's ruling that the second eviction suit was barred and the landlord's requirement was not bona fide.