Arbind Kumar Prasad v. Shri Sharda Nand Prasad Sinha And ORS

Patna High Court CWJC No.21731 of 2014 (2) dt.07-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21731 of 2014 ====================================================== Arbind Kumar Prasad .... .... Petitioner/s

Versus

Shri Sharda Nand Prasad Sinha & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Jee For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 07-01-2016 Heard the leanred counsel, Mr. Gopal Jee for the petitioner and the learned counsel for the respondents. By the impugned order dated 17.09.2014, the learned Sub Judge I, Patna City in Title Eviction Suit No.3 of 2014 rejected the application filed by the defendant No.1-petitioner for deleting his name and second application for deciding maintainability of the suit as preliminary issue. It appears that the plaintiffs-respondents filed suit for eviction under the B.B.C. Act against the defendant No.1petitioner and the other defendants-respondents alleging that the defendant No.1 is the tenant under the plaintiff. The defendant No.1 filed the application alleging that there is no relationship of landlord and tenant between the parties and that the suit is not maintainable. The Court below by the impugned order has rejected the said applications on the ground that these questions raised by

Patna High Court CWJC No.21731 of 2014 (2) dt.07-01-2016 the petitioner is a matter that can be decided only after evidence is adduced by the parties.

In view of the above observation of the Court below, at this stage, the order cannot be interfered with in supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T