AWTAR SINGH Vs. JAY KUMAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This Civil Revision has been preferred against the order dtd. 19/3/2016 passed by learned Subordinate Judge-XI, Patna in Eviction Suit No. 68 of 2008 whereby a petition dtd. 2/4/2011 under Order VII Rule 11 (a) and (d) of Code of Civil Procedure praying for rejection of suit as not maintainable was rejected.

(3.) The plaintiffs have filed Eviction Suit No. 68 of 2008 before Sub-Judge-1, Patna on the grounds of non-payment of rent and personal necessity. The defendant/petitioner on service of summons appeared and filed written statement and denied the claim of plaintiffs on various grounds specially that there is no relationship of landlord and tenant between the plaintiffs and the defendant. In the proceeding defendant/petitioner filed a petition dtd. 2/4/2011 for rejection of suit under Order VII Rule 11 (a) and (d) of the CPC. The learned trial court vide the impugned order dtd. 19/3/2016, rejected the petition dtd. 2/4/2011 observing that the relationship of landlord and tenant and cause of action are mixed question of facts and law and at this stage not found any merit in the said petition. Hence, this Civil Revision.