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IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.330 of 2025

In

CIVIL REVISION No.177 of 2024

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Ramjee Prasad Son of Late Bainath Sao, Resident of Mohalla - Bakarganj,

Gola Raod, P.O. - Bankipur, P.S. Pirbahore, District- Patna.

... ... Petitioner/s

Versus

Vijay Kumar Son of Late Prayag Sao, Resident of Mohalla - Bakarganj, Gola

Road, P.O. - Bankipur, P.S. - Pirbahore, District- Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Upendra Mishra

For the Respondent/s : Mr.Mrigendra Kumar

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH

ORAL ORDER

4 30-01-2026 The instant civil miscellaneous application has

been filed against the order dated 18.09.2024 passed in Title

Eviction Suit No. 96 of 2011 by learned Civil Judge (SD)

IV, Patna whereby the amendment application by way of

amendment in the written statement filed by the defendant

under Order VI Rule 17 of CPC has been allowed.

2. Learned counsel for the petitioner submits that,

in Annexure-1, (the amendment petition) the defendant has

clearly admitted that he is a tenant of the suit premises;

however, it is specifically contended that the plaintiff is not

the absolute owner/landlord of the triple-storied house

bearing No. 73/65, Circle No. 9, Ward No. 37.

Patna High Court C.Misc. No.330 of 2025(4) dt.30-01-2026

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3. It is further submitted that the present case has

been filed under the provisions of the Bihar Buildings

(Lease, Rent and Eviction) Control Act, 1982, wherein the

Court is required to examine only whether the relationship

of landlord and tenant exists in respect of the suit property

or not? The extent of the ownership or the total share of any

party is not required to be examined and it is not an issue in

the present case.

4. Moreover, learned counsel for the respondent

submits that he is not inclined to adduce any further oral or

documentary evidence, which fact has also been recorded in

the impugned order. Since the case is at the stage of final

arguments. Hence the proposed amendment is not going to

create any hindrance or affect the outcome of the case in

any manner, because the title or share of the landlord in

respect of the suit property is not under consideration. The

only issue to be decided in this case is the existence of the

relationship of landlord and tenant between the parties.

5. In the above circumstance, learned Trial Court

is requested to dispose of this matter as early as possible

preferably within a period of two months. Both the parties

Patna High Court C.Misc. No.330 of 2025(4) dt.30-01-2026

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are also directed to diligently co-operate in the trial.

6. With the aforesaid, the instant application

stands disposed of.

(S. B. Pd. Singh, J)

Ankit Kumar/-

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