Kailash Choudhary v. Laxman Mahaseth

Patna High Court C.Misc. No.1140 of 2016 (2) dt.22-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1140 of 2016 ====================================================== Kailash Choudhary .... .... Appellant/s

Versus

Laxman Mahaseth .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ram Bali Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-11-2016 Heard the learned counsel for the petitioner. Perused the impugned order dated 11.08.2016 passed by 1st Munsif, Darbhanga in Eviction Suit No.26 of 2002 whereby the learned Court below rejected the application filed by the tenantdefendant-petitioner for appointment of Pleader Commissioner. It may be mentioned here that the eviction suit was filed by the plaintiff-respondent for eviction of the tenant on the ground of personal necessity and default.

In such circumstances, the court is required to see as to whether there is relationship of landlord and tenant between the parties and whether the plaintiff has made out any case provided under Section 11 of the Bihar Building(Lease, Rent & Eviction) Control Act and for deciding this dispute between the parties, appointment of Pleader Commissioner is not at all necessary and,

Patna High Court C.Misc. No.1140 of 2016 (2) dt.22-11-2016 therefore, I find no reason to interfere with the impugned order. Thus, this Civil Miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T