PRAMOD KUMAR JALAN Vs. ANITA DEVI

JUDGEMENT

(1.) The instant civil miscellaneous petition has been filed for setting aside the order dtd. 8/1/2024 passed by learned Munsif-I, Patna Sadar in Eviction Suit No. 23 of 2011, whereby and whereunder the learned trial court has rejected the amendment petition filed under Order 6 Rule 17 and Sec. 151 of the Code of Civil Procedure (in short "the Code ") by the defendants/petitioners.

(2.) Briefly stated, the facts of the case are that the suit property is holding No. 137 of Patna City appertaining to Plot Nos. 818, 819 and 820 having area of 1274 Sq. feet situated at Mohalla Bakerganj, P.S. Pirbahore, District - Patna. The said land originally belonged to one Sudama Prasad Singh and old municipal survey khatiyan with respect to the entire holding No. 137 stood prepared in the name of Sudama Prasad Singh. Sudama Prasad Singh had one son, namely Ajit Kumar Singh and Ajit Kumar Singh had five children, namely Tribhuwan Kumar Singh, Madandhari Sharma, Ashok Kumar Singh, Kumkum Devi and Rani Sinha. Sudama Prasad Singh and Ajit Kumar Singh died leaving behind all their heirs in jointness. It transpires that a double storied building has been constructed on holding No. 137 having five shops on ground floor and three shops on first floor. The petitioners claim to be occupying one shop of about 255 Sq. feet at ground floor and another shop of same area at first floor since 1996 under the tenancy of heirs of Ajit Kumar Singh jointly. The plaintiffs/respondents have also been occupying two shops at ground floor having area of about 600 Sq. feet and also occupying one shop at first floor having area of about 150 Sq. feet prior to 1990 under the tenancy of joint family of Ajit Kumr Singh. Now Ashok Kumar Singh died leaving behind one son Prince Kumar and two daughters, namely Beuty Kumari and Sweeti Kumari. Madandhari Sharma has three sons, namely Rakesh Kumar, Mukesh Kumar and Rishikesh Kumar. Tribhuwan Kumar Singh died leaving behind two sons and a daughter, namely Sanjay Kumar, Manoj Kumar and Poonam Kumari. Further, Mukesh Kumar has two sons, namely Abhishek Ranjan and Amritesh Ranjan whereas Sanjay Kumar has four daughters, namely Shikha Kumari, Neha Kumari, Sneha Kumari and Anisha Kumari.

(3.) The plaintiffs/respondents purchased part of the holding through three sale deeds. First sale deed was executed by Prince Kumar vide Deed No. 11390 on 23/6/2008, second sale deed was executed on the same day by Madandhari Sharma and Rakesh Kumar vide Deed No. 11391 and third sale deed was executed by Manju Devi and Manoj Kumar vide Deed No. 16485 on 13/6/2011. The plaintiffs claimed that in this manner plaintiffs/respondents purchased only 4/15th share while they have already been occupying 6/15th share which is greater than their purchased area. After execution of two sale deeds both dtd. 23/6/2008, the plaintiffs filed Eviction Suit No. 23 of 2011 against the petitioners for their eviction from the shop on the ground of default in payment of rent and personal necessity. The defendants/petitioners appeared and filed their written statement denying the landlord and tenant relationship and it has also been submitted in the written statement that a Title Partition Suit No. 232 of 2011 was already filed by Rani Sinha and Sikha Kumari impleading all the heirs of Ajit Kumar Singh for partition of their share in the present suit property. During the pendency of the eviction suit, the defendants/petitioners also purchased 1/5th share of Rani Sinha by way of sale deed No. 277/17 dtd. 20/10/2012. The defendants/petitioners also filed a petition on 26/11/2012 seeking amendment in the written statement that by virtue of purchase of share of Rani Sinha defendants have become co-sharers. The learned trial court vide order dtd. 17/7/2013 allowed the amendment petition of the defendants and rejected the petition dtd. 10/4/2012 of the plaintiffs/respondents under Sec. 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act (in short "the BBC Act ") seeking direction to the defendants to pay the arrears of rent. The plaintiffs being aggrieved by the order 17/7/2013 passed by learned trial court, preferred C.W.J.C. No. 20819 of 2013 which was allowed in terms of the impugned order dtd. 19/9/2017. The petitioners/defendants then filed Civil Review No. 198 of 2023 against the said order dtd. 19/9/2017 and the same is pending consideration before this Court. Meanwhile, one Title Suit No. 60 of 2009 was filed by one of the plaintiffs, namely Bhola Prasad, against the heirs in branch of late Tribhuwan Kumar Singh and Madandhari Sharma with the relief of specific performance of contract in respect of holding in question. During pendency of this suit, Manoj Kumar Son of late Tribhuwan Kumar Singh, sold his share in favour of Bhola Prasad. However, the suit was decided on merits with respect to liability of other persons and the learned Sub Judge-II, Patna decided the suit on 9/8/2017 in favour of Sanjay Kumar and other defendants holding that there has not been previous partition amongst the heirs of Ajit Kumar Singh and the plaintiff Bhola Prasad was not entitled to decree of specific performance of contract. The defendants/petitioners came to know about the judgment dtd. 9/8/2017 passed in Title Suit No. 60 of 2009 in the month of August, 2022 after getting the copy of the same from Sanjay Kumar Singh who has also filed Eviction Suit No. 75 of 2022 against Bhola Prasad for his eviction from 220 Sq. feet of present holding and the said suit is also pending consideration. In the light of subsequent developments, the defendants/petitioners filed an amendment petition on 4/10/2023 bringing on record the developments which took place during pendency of the suit. The plaintiffs/respondents filed rejoinder on 31/10/2023. However, the amendment application of the petitioners was rejected by the learned trial court in terms of order dtd. 8/1/2024. The said order is under challenge before this Court.