IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.315 of 2008 ======================================================

1. Sohail Khan alias Sohail Akhtar, Son of late Jalil Akhtar, Resident of Mohalla Bag Bhai Khan, Ward No. 7, Town and P.S. Sasaram, District Rohtas.

2. Shahnawaz Khan, Son of late Jalil Akhtar, Resident of Mohalla Bag Bhai Khan, Ward No. 7, Town and P.S. Sasaram, District Rohtas.

3. Shamsher Alam alias Shamsher, Son of late Jalil Akhtar, Resident of Mohalla Bag Bhai Khan, Ward No. 7, Town and P.S. Sasaram, District Rohtas.

4. Jamshed Alam, Son of late Jalil Akhtar, Resident of Mohalla Bag Bhai Khan, Ward No. 7, Town and P.S. Sasaram, District Rohtas.

5. Sarwar Alam, Son of Late Jalil Akhtar, Resident of Mohalla Bag Bhai Khan, Ward No. 7, Town and P.S. Sasaram, District Rohtas.

6. Akhtar Alam alias Md. Aksar, Son of Late Jalil Akhtar, Resident of Mohalla Bag Bhai Khan, Ward No. 7, Town and P.S. Sasaram, District Rohtas.

7. Kausari Begum, D/o late Jalil Akhtar, Resident of Mohalla Bag Bhai Khan, Ward No. 7, Town and P.S. Sasaram, District Rohtas.

8. Khurshida Khatoon, D/o late Jalil Akhtar, Resident of Mohalla Bag Bhai Khan, Ward No. 7, Town and P.S. Sasaram, District Rohtas.

... ... Appellant/s Versus

1. Junaid Eqbal Khan, Son of Late Mohammad Ayub Khan, Resident of Village Baradih, P.O. Muradabad, P.S. Agar, District Rohtas, At present Mohalla Bag Bhai Khan, Town and P.S. Sasaram, District- Rohtas.

2. Mansoor Alam Khan, Son of Late Mohammad Ayub Khan, Resident of Village Baradih, P.O. Muradabad, P.S. Agar, District Rohtas, At present Mohalla Bag Bhai Khan, Town and P.S. Sasaram, District- Rohtas.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Abbas Haider, Advocate Mr. Wasi Mohammad, Advocate For the Respondent/s : Mr. Abdul Manan Khan, Advocate Mr. Binay Kumar, Advocate Mr. Hafiz Shahbaz, Advocate Mr. Allama Abdul Quadir Jamal, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

CAV JUDGMENT

Date : 11-03-2026 Heard Mr. Abbas Haider, learned counsel for the appellants and Mr. Abdul Manan Khan, learned counsel for the respondents.

2. This Second Appeal has been filed by the defendants-

appellants-appellants against the judgment and decree of affirmance dated 18th August, 2008 passed by Additional District Judge, Fast Track Court No. V, Rohtas at Sasaram, in Title Appeal No. 06/02 of 2002/2008. The matter arises out of Eviction Suit No. 03 of 1997 filed by the plaintiffs-respondents for eviction of the defendants on the ground of default in payment of rent. The plaintiffs also sought relief for directing the defendants to vacate the suit premises and hand over the possession to them as well as for payment of arrears of rent. The defendants contested the claim by denying the title of plaintiffs and further denied the relationship of landlord and tenant between the parties.

3. The eviction suit was decreed by the learned 1st Munsif, Sasaram, vide judgment and decree dated 14.12.2001 passed in Eviction Suit No. 03 of 1997, which was thereafter challenged by the defendants by preferring Title Appeal No. 06/02 of 2002/2008. Upon hearing the parties and considering the materials available on record, the Additional District Judge, Fast Track Court No. V, Rohtas at Sasaram vide judgment and decree dated 18th August 2008, affirmed the judgment and decree passed by the trial court and dismissed the appeal. However, earlier, in first round of litigation, in Title Appeal No. 06/02 of 2002/2008, the learned Appellate Court had set aside the judgment and decree dated 14.12.2001, by which Eviction Suit No. 03 of 1997 was decreed and remanded the matter back to the trial court namely, learned 1st Munsif, Sasaram, for deciding the regular Title Suit on amendment of plaint including the relief. The plaintiffs- respondents had filed Miscellaneous Appeal No. 356 of 2006 in this Court which was allowed by a Bench of this Cou