1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10465 of 2011 Zahid Hussain ----- Petitioner Versus Rajendra Prasad Sarogi --- Opp. Party. ----------- 3. 15.07.2011 Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 26.4.2011 passed by Munsif 1st Class, Gaya in Eviction Suit No. 7 of 2008 whereby the learned court below directed the petitioner to deposit the arrears of rent of Rs.6377/-. The learned counsel for the petitioner submitted that he has already paid rent to the landlord and, therefore, the learned court below could not have directed the petitioner to deposit the arrears of rent again. The learned counsel further submitted that after payment of rent the landlord has already granted receipts which are Annexure 5 series but the learned court below did not consider the said receipts. From perusal of the impugned order it appears that the defence of the 2 petitioner before the court below was that there was no such agreement that after payment of rent receipt should be granted by the landlord. From perusal of the writ application I do not find any such statement that these receipts as contained in Annexure 5 were ever produced before the court below. Therefore, this is a question of fact that cannot be gone into writ jurisdiction. I therefore, find no merit in this writ application. Accordingly, it is dismissed. S.S. (Mungeshwar Sahoo,J.)