LALIT KUMAR JAIN Vs. RAJ KUMAR JAIN

JUDGEMENT

(1.) Heard the learned counsel, Mr. Rai Shivaji Nath, for the petitioner and the learned counsel, Mr. Arvind Kumar Singh, for the respondent.

(2.) Perused the impugned order dated 09.05.2016 passed by learned Munsif Ist, Gaya in Eviction Suit No.17 of 2013 whereby the learned Munsif rejected the application filed by the plaintiff petitioner for adopting the special procedure provided under Sec. 14 of the Bihar Building (Lease Rent and Eviction Control Act, 1982 (hereinafter referred to as 'BBC Act') for deciding the eviction suit.

(3.) The learned senior counsel for the petitioner submitted that the suit has been filed only on the ground of Sec. 11(1) (c) of the BBC Act. Therefore, in view of the provision provided under Sec. 14 of the BBC Act, the suit has to be decided under the same procedure but the Court below wrongly refused to adopt the special provision on the ground that the defendant has denied the relationship of landlord and tenant.