Tripti Lal v. Krishna Mohan Prasad

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajib Ranjan Jha For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 22-08-2013 Heard learned counsel for the petitioner. The petitioner is aggrieved by the order dated 18.04.2012 passed by learned Munsif, Banka in Title Eviction Suit No. 31 of 2010 whereby the Court below has rejected an application filed by the petitioner under Section 14 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 for payment of rent, on the basis that the plaintiff failed to establish the relationship of landlord and tenant between the plaintiff and defendant. Evidently, the impugned order is an interim order, passed in the said Eviction Suit which is pending before the Court below. The submissions which are being made in the present application under Article 227 of the Constitution of India are certainly available to the petitioner in course of trial. This Court in exercise Patna High Court CWJC No.10909 of 2012 (2) dt.22-08-2013 of extraordinary jurisdiction under Article 227 of the Constitution of India does not find any reason to interfere with the impugned order. This application is accordingly dismissed. It is however indicated that the petitioner shall be at liberty to raise such plea as have been taken in the present application before the Court below at appropriate stage. Saif/- (Chakradhari Sharan Singh, J.)