SITARAM CHOURASIA Vs. MIRA DEVI

JUDGEMENT

(1.) THIS civil revision by the defendant arises from Title Suit No. 8/97 of the court of 5th Subordinate Judge, Deoghar. By the impugned order dated 8.4.99 the court below has struck off paragraphs 3, 4, 5, 12 and 15 of the written statement under Order 6 Rule 16 of the Civil Procedure Code (in short 'the Code ').

(2.) THE plaintiffs have filed the abovementioned suit for eviction on the ground of personal necessity. According to them, in the written statement the defendant admitted to have paid rent to the plaintiffs ' vendor Shanti Devi and also tendered rent to the plaintiffs and, thus, the relationship of landlord and tenant between the parties is admitted. The averments made in paragraphs 3, 4, 5, 12 and 15 of the written statement regarding the nature of the property, competence of the Mahanth to sell the property to Shanti Devi, nature of title of Shanti Devi and the plaintiffs are therefore unnecessary and frivolous. The plaintiffs filed application for deletion of those averments which has been allowed by the impugned order.

(3.) SHRI Sidheshwari Prasad Singh, learned counsel for the plaintiffs -opposite party, submitted that the suit is being tried as per the procedure prescribed under section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982. Since the defendant has obtained leave to contest under section 14(4) of the Act it is not open to him to challenge the relationship of landlord and tenant. He also submitted that a tenant who has paid rent cannot challenge the title of the landlord plaintiff. He relied on decisions reported in 1989 PLJR 587 and 1999(1) PLJR 379. He further submitted that regard being had to the nature of the suit, averments relating to the nature of the property as being trust property were wholly unnecessary. He urged that by making unnecessary averments the petitioner wants to enlarge the scope of the suit and if such averments are allowed to remain as part of the pleading, tomorrow the petitioner may apply to add the Trust Board as party.