Gurusharan Sharma, J.

1. Title Eviction Suit No.28 of 1995 has been filed by the plaintiff-opposite party against the defendants-petitioners for eviction from part of the Suit Holding No. 86/72, situated in Patna City, under Sec. 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as the Act).

2. The defendants filed written statement and counter-claims as a cross-suit. It was prayed that eviction suit may be dismissed and it be declared that the plaintiff did not acquire right, title, interest and possession over the suit premises by sale-deed dated 16.9.1991 and as such he was not the landlord of the defendants. The defendants have right, title, interest and possession over the suit premises as well as properties mentioned in Schedule A to the cross-suit.

3. On 28.11.1995, the plaintiff filed a petition under Order VIII, Rule 6C of the Code of Civil Procedure (hereinafter referred to as the Code) for excluding the counter-claims made by the defendants in their written statement on the ground that it was suit for eviction in respect of the premises, detailed in Schedule II to the plaint under Sec. 11(1)(c) of the Act, whereas count