ARYA Vs. RAJESH KUMAR SINHA

JUDGEMENT

(1.) Heard learned Counsel for the parties concerned.

(2.) The petitioner, being a tenant, is aggrieved by an order, dtd. 26/11/2019, passed, by learned Civil Judge, Junior Division 1st, Samastipur, in Eviction Suit No. 05 of 2017, by which the amendment petition filed by the plaintiff-landlord (respondent herein) has been allowed and the brother of the petitioner- defendant has been impleaded as party-defendant no. 2 in the eviction suit.

(3.) Learned Counsel for the petitioner-tenant submits that the petitioner was inducted as a tenant by the plaintiff-landlord in one of the three shops only and the other two shops, which have been made subject matter of the eviction suit, were given in tenancy to his brother, Gautam Kumar, who has been impleaded as party-defendant no. 2 by the amendment. As such, learned Counsel submits that two separate reliefs cannot be claimed in one suit inasmuch as respondent-landlord sought to evict the petitioner- tenant as well as his brother from the three shops let out to them separately. Accordingly, the submission is that the impugned order is not sustainable in law.