Nand Kishore Sah @ Nand Kishore Prasad v. Vijay Malakar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16877 of 2013 =========================================================== Nand Kishore Sah @ Nand Kishore Prasad Son Of Deo Narayan Singh Resident Of Mauza - Ballia Buzurg, P.S. - Anchal S.D. Ballia, District - Begusarai .... .... Petitioner/s

Versus

1. Vijay Malakar

2. Rajesh Malakar

3. Sunil Malakar

4. Raj Kunwar Malakar all are Sons Of Jagdish Malakar Resident Of Mauza - Ballia Buzurg, P.S. - Anchal S.D. Ballia, District - Begusarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pritish Kumar Lal, adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 14-02-2017 Heard.

This matter arises from the eviction suit filed under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 wherein by the impugned order, the learned court below has rejected the prayer of the plaintiff-petitioner for directing the defendants for payment of current rent as well as arrears of rent. From the impugned order, it transpires that the learned court below has come to the conclusion after considering the materials on record that there is no relationship of landlord and tenant between the plaintiff and defendants and in that backdrop has refused to pass the

Patna High Court CWJC No.16877 of 2013 dt.14-02-2017 order on the prayer of the plaintiff-petitioner. This Court does not find that the learned court below has committed any illegality or material irregularity in passing the impugned order.

The application is, accordingly, dismissed.

(V. Nath, J) Devendra/- U