NARENDRA SINGH Vs. SREENA KHATON

JUDGEMENT

(1.) Instant petition has been filed for quashing of the order dtd. 29/1/2020 passed by learned Sr. Civil Judge-I, Dumka in Title (Eviction) Suit No.04 of 2015 whereby defense of the petitioners (defendants) in the eviction suit, has been struck off.

(2.) It is submitted by the learned counsel on behalf of petitioners that petitioners/defendants have consistently denied landlord-tenant relationship between them as they were absolute owner of the suit property in question. During the course of trial, the plaintiff-respondent filed a petition for direction to pay the rent of Rs.500.00 per month on or before 15th day of every month. Without considering the objections placed by the petitioners, the defense was struck off by the impugned order. It is submitted in this regard that landlord-tenant relationship has to be decided in a suit for eviction brought under Bihar Building (Lease, Rent and Eviction) Control Act and without deciding this issue, the petitioners could not have been directed to pay rent and consequent defense could not be struck of. Lastly, it is submitted that landlord-tenant relationship could not be decided as preliminary issue.