1. This appeal, at the instance of the plaintiff, is directed against an order of remand of the suit.

2. The relevant facts are short.

3. The suit in question was filed for eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as the Act) of the respondent on allegations that he was inducted as tenant but he stopped payment of rent from April, 1983 and despite repeated demands, illegally refused to pay and thus he was habitual defaulter within the meaning of the Act and that the appellant himself requires the suit premises for running his shop as he has no other residential or commercial accommodation at Begusarai, besides his son is also unemployed.

4. The respondent filed a written statement praying to dismiss the suit asserting to the effect, inter alia, therein that unless the plaintiff values the suit properties at its market value, which is more than a lac of rupees; the suit cannot proceed; that it is beyond the jurisdiction of the Court; that the suit also cannot proceed without payment of proper Court-fee; that there is no relationship of landlord and tenant between the parties; that the holding in question n