Om Prakash Kejriwal v. Manoj Kumar Shah And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9195 of 2015 ====================================================== Om Prakash Kejriwal Son of Late Fulchand Kejriwal Resident of Mohalla- Mandroja (Behind: Prem Chandra Chhatrabas), P.S.- Kotwali, Distt. Bhagalpur.

.... .... Petitioner

Versus

1. Manoj Kumar Shah

2. Sanjay Kumar Shah Both Sons of Late Lakhan Lal Shah, resident of Mohalla- Mundichak , Radha Devi Lane , P.S.- Tilkamanjhi, Distt. - Bhagalpur.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-04-2016 Heard learned counsel, Mr. Ajay Kumar Singh, for the petitioner.

In Eviction Suit filed by the plaintiffs-respondents under the B.B.C. Act, the Court has rejected the application filed by the defendant-tenant-petitioner under Order 26 Rule 9 of the Code of Civil Procedure for appointment of Pleader Commissioner.

In a Suit for eviction, the first question to be decided is whether there is a relationship of landlord and tenant between the parties with respect to the Suit property, secondly whether any ground mentioned in Section 11 is available or not. Therefore, there is no question of appointment of

Patna High Court CWJC No.9195 of 2015 (2) dt.22-04-2016 2/2 Pleader Commissioner in Eviction Suit. Thus this writ application is devoid of merit and accordingly dismissed. (Mungeshwar Sahoo, J) Mishra/- U