GOPESH CHANDRA DEV Vs. ARUN KUMAR SAH

JUDGEMENT

(1.) HEARD the parties. In Title (Eviction) Suit No. 27 of 1998 for eviction under section 14 of, the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, pending before Fourth Subordinate Judge, Deoghar, defendant -petitioner filed c petition to consider question of maintainability of the suit for non -joinder of other co -sherers of the plaintiffs -opposite parties as preliminary issue under Order 14 Rule 2 of the Code of Civil Procedure, which has been rejected by impugned order dated 21.9.2000, for the reason that it was a mixed question of law and fact. However, in the same order trial court has re -cast the issues already settled and has framed one more issue "where plaintiffs are owner of the suit house - In my view, petitioner's prayer to consider the aforesaid question as preliminary issue was rightly refused with respect to the aforesaid new issue framed. It is made clear that the trial court may go into the said question only incidentally and the main thing to be determined is relationship of landlord and tenant between the parties. This Revision application is disposed of with the aforesaid observation.