Ritesh Kumar Gupta v. Sri Hari Narain Sah And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11807 of 2015 ====================================================== Ritesh Kumar Gupta .... .... Petitioner/s

Versus

Sri Hari Narain Sah & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivanand Prasad Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-05-2016 Heard the learned counsel, Mr. Bhupendra Narayan Sinha, for the petitioner.

The Court below by order dated 18.06.2015 passed by Munsif Ist Patna in Eviction Suit No.470 of 2014 rejected the intervention application filed by the petitioner. It appears that the petitioner filed intervention application on the ground that he is adopted son of the plaintiff and is residing in the suit premises.

It is not the case of the petitioner that he is a tenant of the suit premises. He is claiming interest in the property on the basis of adoption. So far this question is concerned, it cannot be decided in eviction suit. The plaintiff has filed the suit against the tenant for eviction of the tenant. In the suit, the question to be decided is whether there is relationship of landlord and tenant between the original parities whether plaintiff has been able to

Patna High Court CWJC No.11807 of 2015 (3) dt.17-05-2016 2/2 prove to any ground under Section 11 of the Bihar Building (Lease, Rent and Eviction) Control Act for the eviction of the tenant.

So far the question of adoption or title is concerned, the same cannot be decided in eviction suit, therefore, the presence of the petitioner is not at all necessary for deciding the issue involved in the eviction suit. In such view of the matter, the Court below has rightly rejected the intervention application. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U