Bibhuti Chandra Patel v. Md. Mujibul Hassan @ Md. Mojeev

Patna High Court CWJC No.4205 of 2015 (2) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4205 of 2015 ====================================================== Bibhuti Chandra Patel .... Petitioner/s

Versus

Md. Mujibul Hassan @ Md. Mojeev ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Smt. Anuradha Singh, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-03-2016 Perused the order dated 28.01.2015 passed by Munsif-II, Vaishali at Hajipur in Eviction Suit No. 05 of 2007. It appears that the plaintiff-respondent filed eviction suit for evicting the defendant-petitioner on the ground of personal necessity only. The defendant-petitioner raised the ground that in fact the plaintiff has entered into with an agreement to sell the property and thereafter filed application for sending the agreement for compromise. This application has been rejected by the Court below on the ground that this is eviction suit on the ground of personal necessity and the only question to decide is whether there is relationship of land lord and tenant.

The agreement which is sought to be compared is not relevant for deciding the issue of relationship thus, the said application filed by the petitioner has been rejected by the Court below. In view of the above finding of the Court below, I find no reason to interfere with the impugned order. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Amit/- U T