High Court Patna High Court - Orders

Md.Tara vs Md.Jafar Imam & Anr on 2 September, 2011

Patna High Court – Orders
Md.Tara vs Md.Jafar Imam & Anr on 2 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Civil Writ Jurisdiction Case No.14260 of 2011
                                               Md.Tara
                                                Versus
                                      Md.Jafar Imam & Anr
                                   ----------------------------------

02. 02.09.2011. The learned counsel for the petitioner

submitted that the respondent who is defendant in

eviction suit admitted himself to be a tenant but

according to him, he is tenant of landlord Bibi Samlun

Nisha @ Sayeeda Khatoon and after her death, he

became the tenant of the legal representatives of the

said deceased landlord. According to the learned

counsel, the defendant is not claiming title on himself

and, therefore, he is only disputing the title of the

present plaintiff-petitioner and in such view of the

matter, as provided under Section 15 of the B.B.C. Act,

the learned Court below should have directed the

defendant to deposit the rent.

Issue notice to the respondents in admission

matter. The petitioner shall take steps for notice in

admission matter in ordinary process as well as

registered post both for which the requisites must be

filed within two weeks. Peremptory.

Saurabh                                           (Mungeshwar Sahoo,J.)