ABDUL ZABBAR @ ABDUL ZABAR S/O LATE KARIM BAKSH @ LATE KARIM BAKSH MIAN Vs. MD ISHLAM @ ISHLAM MIYA S/O MD RAHIM MIAN

JUDGEMENT

(1.) Plaintiff/Petitioner has challenged the order dated 31.01.2011 as well as 11.08.2011 passed by the Munsif IVth, Saran at Chapra in Eviction Suit No.1 of 2008 whereby and whereunder prayer for amendment has been rejected.

(2.) It has been submitted on behalf of plaintiff/petitioner that after appearance of defendant/respondent, they have filed WS wherein they have denied the inter se relationship of landlord and tenant contrary to it claimed title over the land under dispute and on account thereof, to have efficacious adjudication, amendment has been sought for which has been rejected by the learned lower court on the ground that a suit for eviction cannot be controverted as a title suit. In support of their contention has relied upon (Balram Medical Hall Vs. Rajendra Prasad & Ors, 2007 3 PLJR 778), (Harihar Prasad Vs. Biresh Manjhi, 2001 3 PLJR 233).

(3.) The learned counsel for the defendant/respondent vehemently opposed and submitted that prayer of the plaintiff/petitioner is not at all appreciable whereupon the learned lower court rightly dismissed the suit. It has further been submitted that amendment in normal circumstance should not be allowed.