IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1111 of 2008 ABDUL RASID Versus RAM MOHAN MALWIYA ----------- 2. 5.8.2008 Heard counsel for the petitioner. In the opinion of this Court when the petitioner in a rejoinder to an application filed by the plaintiff landlord seeking payment of rent under section 15 of the Act has taken a plea that there was no relationship of landlord and tenant and has not disputed the amount of rent allegedly paid by him to the landlord as stated in the application, this Court would not find any reason to interfere with the finding of fact as regards last paid rent of Rs.1372/-. If the petitioner was so sanguine he had to set out a case to this effect in his rejoinder. He having failed to do so, at an appropriate stage cannot be allowed to change his case at the revisional stage now before this Court. When this part of the order was dictated counsel for the petitioner would submit that the arrears and current rent, which is to be paid under the impugned order, may be allowed to be paid in 2 instalment. Counsel for the petitioner has stated that while he will continue to make payment of current rent on month to month basis, he would clear the liability of arrears within a period of one year by making payment in four equal instalments. The petitioner may approach the court below which will now allow such prayer of the petitioner for payment of arrears in four instalments, as indicated above, by fixing the schedule, wherein the payment of first instalment will begin within a period of one month from the date of receipt/ production of a copy of this order. This application is accordingly dismissed with the aforesaid observations and directions. ( Mihir Kumar Jha.J.) Surendra/