RAM NANDAN MANDAL Vs. BIPIN KUMAR SINGH

JUDGEMENT

(1.) THE service report is, to the effect, that opposite party is either not traceable or notices have been undelivered. This is a landlord and tenant matter. Initially, where the addresses of both the plaintiff and the defendant before the court below are same, this matter cannot be kept pending.

(2.) THE court having heard counsel for the parties and having perused the order dated 16.7.2001 (Ram Nandan Mandal vs. Bipin Kr. Singh and Ors.) passed by the Munsif - III, Patna in Eviction Suit No. 43 of 2000, is of the view that the learned court below was in error. The two things can be separated; the issue of a landlord seeking possession of his premises from the tenant and the entry of the opposite party into the premises as an alleged owner, an assertion made as a counter claim.

(3.) THE aspect should have been dealt with as the suit had been brought. The issue in that suit clearly was of a rent due. The trial court has misdirected itself.