IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.56 of 2008 1. Bijoy Kumar Sah 2. Ajay Kumar Sah 3. Ranjeet Kumar Sah, all sons of Late Rajendra Prasad Sah. 4. Mala Devi wife of Raj Kumar Gupta 5. Ranjeeta Kumari daughter of Late Rajendra Prasad Sah 6. Mostt. Sumitra Devi wife of Late Rajendra Prasad Sah All residents of Mohalla-Golaghat, P.S. Kotwali, District- Bhagalpur. 7. Rameshwar Prasad Sah @ Rameshwar Sah son of Late Dipu Sah, resident of Golaghat, P.S. Kotwali, District-Bhagalpur. 8. Sushila Devi daughter of Late Bhikhan Sah and wife of Ram Prasad Sah, at present resident of Manaskamna Chowk, P.S. Nathnagar, District-Bhagalpur. ………...Defendants-Appellants-Appellants-Petitioners. V e r s u s 1. Bibi Khatiza wife of Late Md. Ismail 2. Md. Kamal son of Late Md. Israil 3. Bibi Bano daughter of Late Md. Israil, all residents of Sujaganj Kotwali Chowk, M.P. Dwevedi Road, P.S. Kotwali, District- Bhagalpur. …………Plaintiffs-Respondents 1st Party-Respondents 1st Party-Opposite Parties. 4. Ghanshyam Sah son of Late Bhikhan Sah 5. Bimal Sah son of Mahendra Sah 6. Rajesh Sah son of Mahendra Sah 7. Ranjit Sah son of Ghanshyam Sah 8. Nabin Sah son of Ghanshyam Sah All residents of Golaghat, P.S. Kotwali, District-Bhagalpur. ………….Defendants 2nd Party-Respondents 2nd Party- Respondents 2nd Party-Opposite Party. 9. Mahendra Pd. Sah son of Late Bhikhan Sah 10. Manoj Kumar Sah son of Mahendra Pd. Sah 11. Arbind Sah son of Mahendra Sah All residents of Golaghat, P.S. Kotwali, District-Bhagalpur. ………….Defendants 2nd Party-Appellants-Respondents 3rd Party-Opposite Party. ----------- 07/ 27.01.2009 Heard learned counsel for the petitioners. This petition has been filed for review of the order of a Bench of this Court dated 15.01.2008 by which S.A. No.170 of 2005 was dismissed at the stage of hearing under Order XLI Rule 11 of 2 the Code of Civil Procedure. Petitioners were defendants in the eviction suit filed in the year 1975 by opposite 1st party, who were plaintiffs in the said suit for eviction of the said defendants from the suit premises on the grounds of default in payment of rent by the defendants, violation of the term of registered lease by subletting and bonafide personal requirement of the plaintiffs. In the aforesaid suit, relationship of landlord and tenant between the parties was accepted by defendant 1st party (appellants), however, other defendants who are not appellants before this court claimed to be co-sharers and raised several other claims over the suit premises. However, claim of other defendants were rejected by the learned courts below, whereas the grounds for eviction against defendant 1st party (appellants) were found to be fully proved. Both the learned courts below arrived at the concurrent findings of facts that defendants-appellants defaulted in payment of rent for several months and the plaintiffs required the suit premises for their own occupation and also that the defendants-appellants had violated the term of tenancy. This court while considering the second appeal filed by the aforesaid defendant 1st party considered the matter and rightly came to the conclusion that no substantial question of law was involved in the said second appeal clearly because the judgment of the learned courts below were covered by findings of facts. In the aforesaid facts and circumstances, this court does not find any error apparent on the face of the record, nor does it 3 find any fresh material to take a different view nor there is any other reason for interference in the aforesaid order. It is quite apparent that the matter regarding eviction of the petitioners is continuing since 1975 and although thirty-four years have lapsed and in the meantime the matter has been decided uptill the High Court but it is not being allowed to be set at rest much to the chagrin of the plaintiffs who had succeeded in all the aforesaid courts but are not allowed to get the fruit of their decree. In the said circumstances, this review petition is dismissed with specific direction to the court below to expedite any proceeding pending before it. harish/ ( S.N.Hussain, J.)