Shamshul Haque v. Md. Shafique @ Poli And ORS

Patna High Court CWJC No.21928 of 2012 (2) dt.19-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21928 of 2012 ====================================================== Shamshul Haque S/O Late Shahamil Resident Of Village - Mirzapur Bardah, P.S. - Mufassil, P.O. - Dariyapur, District - Munger .... .... Petitioner

Versus

1. Md. Shafique @ Poli S/O Late Sk. Aziz Resident Of Village - Banoudha, P.S. - Mufassil, P.O. - Ban, District - Munger

2. Md. Orangzeb Son Of Shafique Resident Of Village - Banoudha, P.S. - Mufassil, P.O. - Ban, District - Munger

3. Md. Hasnain Son Of Shafique Resident Of Village - Banoudha, P.S. - Mufassil, P.O. - Ban, District - Munger .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ranjan Kumar Dubey, Advocate. For the Respondent s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner.

In a suit for eviction, guided by Bihar Building (LR) Act, there happens to be incidental adjudication over inter se relationship of landlord and tenant. Whenever status is challenged, then in that event, the proper course available to the plaintiff happens to be in getting the nomenclature of the suit challenged coupled with relief which, the petitioner/plaintiff could very well avail in the background of pleading raised on behalf of the respondents/defendants.

With the aforesaid liberty, the instant petition is disposed of.

(Aditya Kumar Trivedi, J.) Amit/- U