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ARUN KUMAR JHA
Poonam Kumar @ Poonam Singh – Appellant
Versus
Umesh Singh – Respondent
Arun Kumar Jha, J.—Heard learned senior counsel for the petitioner on the point of admission and I intend to dispose of this petition at this stage itself.
2. The instant petition has been filed by the petitioner against the order dated 15.12.2016 passed by the learned Sub- Judge-8th, Patna in Title Eviction Suit No.78/2012 by which the learned court below rejected the amendment petition filed by the plaintiff-petitioner dated 30.06.2016 on the ground that the amendment sought for was for adding the relief based purely on title and if the amendment sought for was allowed then it would change the nature of the case which was not permissible under the scheme of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter called as ‘BBC Act’).
3. The learned senior counsel for the petitioner submits that the plaintiff-petitioner filed Title Eviction Suit No.78/2012 seeking following reliefs:—
“(i) On adjudication of the facts a decree for Eviction be passed in favour of the plaintiff and against the defendant with regard to Schedule-2 premises of the plaint and thereafter the plaintiff be put in exclusive possession over the same at the cost of the defendant.
(ii) The arr
The landlord-tenant relationship is vital for eviction suits; title issues cannot be resolved without proper framing and processes in appellate proceedings.
The legal principle that every co-owner can maintain a suit for eviction without joining other co-owners if they do not object.
An amendment to pleadings after commencement of trial is permissible only if a party demonstrates due diligence; otherwise, it risks altering the nature of the suit.
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