BIJAY PRASAD SINGH ANR Vs. NIL RATAN SINGH

JUDGEMENT

(1.) HEARD learned Counsel appearing for the petitioners. Nobody appears on behalf of the opposite party.

(2.) THIS civil revision application is directed against order dated 21.11.96 passed by Munsif, 3rd, Patna in Eviction Suit No. 57 of 1995 in purporting exercise of power under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act by directing the defendant/petitioners to deposit the arrears of rent and also current rent.

(3.) I have gone through the impugned order passed by the Court below. Although the Court below has taken into consideration the pleadings of the parties but serious error of law has been committed in deciding the relationship of landlord and tenant. The Court below took the view that since the defendant failed to produce any document in support of the fact that he is the owner, therefore, the submission of the plaintiff will be accepted that the defendant is a tenant. Instead of coming to a prima facie finding with regard to existence of relationship of landlord and tenant the Court below on assumption held that the relationship exits. As noticed above, the defendant who is admittedly full brother of the plaintiff and disputed property was at one point of time joint family property, it cannot be assumed that the defendant is occupying the suit property as tenant unless otherwise specifically proved on the basis of allegiance which can be done only at the stage of final hearing of the suit