IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1971 of 2008 DWARIKA DHISH PANDEY Versus RAM PRATAP SINGH@PRATAP SINGH ----------- 2 28/11/2008 Heard counsel for the petitioner. While there can be no exception to the settled proposition of law, as has been also held by the court below in the impugned order, that even if after striking of the defence of the defendant- tenant as against ejectment in an eviction suit, such tenant has still liberty and/or option for leading his evidence on the issue of relationship of landlord-tenant and/or question of title, the submission of learned counsel for the plaintiff- petitioner that the defendant-tenant cannot be permitted to drag the proceedings of the eviction suit, has also merit and is required to be considered by the court below with some seriousness beyond what has been indicated in the impugned order. It is true that in the written statement the question of title of the plaintiff-petitioner has been admitted, but then the defendant still have a right 2 to lead evidence on the question of relationship of landlord and tenant as he has chosen to deny this fact in the written statement. That however will not give liberty to the defendant to drag on the suit endlessly. The defendant ought to have given list of witnesses to the Court with thereof the plaintiff, but then as the impugned order only has proceeded to secure ends of justice, this Court for the time being would not interfere with the impugned order. Counsel for the petitioner in fact would submit that now the defendant-tenant has already submitted his list of witnesses. In that view of the matter, the court below is directed to scan and screen the list of witnesses and allow the defendant to lead evidence of only necessary and relevant witnesses. The eviction suit of the year 2004 filed only on the ground of personal necessity infact needs to be disposed of at least by way of a five year plan though the mandate of law under the B.B.C. Act is to dispose it of only within a period of six months. 3 That being so, the court below is directed to ensure that whatever evidence that is necessary to be adduced by the defendant, must be completed within a period of three months from the date of receipt/production of a copy of this order and the eviction suit be itself disposed of in the next three months and in any event on or before 31st August 2009. With the aforementioned observation/ direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar