IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1705 of 2007 NAYEEM SHAH & ORS Versus MUNNA @ FAIZAN ALAM ----------- 4. 6.1.2009 Surendra/ Heard counsel for the petitioners. In the facts of this case where there is real bonafide dispute with regard to relationship of landlord and the tenant between the petitioner and the opposite party tenant, the approach of the court below in not allowing an application filed by the petitioner under section 15 of the B.B.C. Act cannot be said to be vitiated by any jurisdictional error. Mr. Anil Kumar Sinha, learned counsel for the petitioner however, is correct in making his submissions that in the event it is held by the court below that the plaintiff petitioner is a landlord of the premises in question, he would also be entitled to raise a claim for payment of rent for the period the suit had remained pending and in that event the defendant tenant will not be entitled to take a defence that he has been paying rent to some other person. This aspect of the matter therefore will be also decided at the time of disposal of the suit. With the aforesaid observation/direction this application is dismissed. (Mihir Kumar Jha,J.)