AMINUDDIN Vs. MAHAVIR JEE

JUDGEMENT

(1.) Heard the parties.

(2.) This revision application has been filed against the order dated 01.12.2005 passed by Munsif II, Darbhanga in Eviction Suit No. 01/01/02/05 by which the petition filed by the defendant- petitioner under Order 7 Rule 11(a) praying for rejection of the plaint has been dismissed.

(3.) The plaintiff-opposite parties has filed the eviction suit praying for eviction of the defendant on the ground of default in payment of rent. In the said suit the plaintiff no. 3 has claimed himself to be the Shebait of the plaintiff nos. 1 and 2. The defendant appeared and has denied the relationship of landlord and tenant and asserted that the plaintiff no. 3 is not the Shebait as claimed and as such he has got no right to file the suit. It has also been pointed out by the defendant that the plaintiff no. 3 has filed the T.S.No. 106/99 for declaration of his status as Sebait of plaintiff nos. 1 and 2 and has asserted on that basis that until the decision of this suit, the plaintiff no. 3 cannot claim himself to be the Shebait. The defendant further claimed title over the suit property on the basis of purchase.