IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.655 of 2009 1.Vidit Chandra Prasad 2.Anjan Prasad Both S/o Late Hardeo Prasad, R/o village- sisai, P.S. Baniyapur, Distt.-Saran, at present r/o 1010B(Block) Kumhar Para Sonari, Jamshedpur, Dist.- singhbhum ..(Intervenor) Petitioners Versus 1. SMT.SUNITA DEVI W/o Sri Ajay Kumar, r/o Bhagwan Bazar, Thana Road, Chapra, P.S. Bhagwan Bazar, Dist.-Saran …… (Plaintiff) Opposite Party 1st set 2.Rameshwar Prasad, Advocate, Income Tax and Sales Tax, chapra S/o Sri Kedar Nath Prasad, r/o Mohalla- Bhagwan Bazar, thana Road, P.S. Bhagwan Bazar, Dist.- Saran ….(Defendant) Opposite Party 2nd set ----------- 2. 24/04/2009 Heard learned counsel for the petitioner. This revision application has been filed by the petitioner against order dated 4.2.2009 passed by Munsif 1st, Saran at Chapra in Eviction Case No.38 of 2002. By the said order, learned court below has rejected the petition of the petitioner under Order I Rule 10 C.P.C. for adding the petitioner as party in the suit. Learned court below has found that the eviction suit is between landlord and tenant and if the petition of the petitioners is allowed, the nature of the case will change and dispute of legal entitlement to rent will arise. Learned counsel for the petitioners submits that the land in dispute originally - 2 - belonged to one Ram Swaroop Prasad who executed a sale deed in favour of father of the petitioners in the year 1983, whereas, plaintiff of the eviction suit is claiming her title on the same property through a deed of sale executed in her favour in the year 2000. He further submits that on the basis of their purchase these petitioners are in fact in constructive possession of the property and the defendant tenant has stated in his written statement about the ownership of the property of these petitioners and has admitted of paying rent to these petitioners. As per the case of the respective parties stated by learned counsel for the petitioners, this may be a case of bonafide dispute of title between the parties. In the circumstances, petitioners are given liberty to file a fresh application in the court below giving details of their title and setting up a case of bonafide title with a prayer to convert the eviction case into a regular title suit and allow them to intervene in the matter and pray for adjudication with regard to conflicting claim of title between the plaintiff and these - 3 - petitioners. If such a petition is filed by the petitioners, learned court below shall consider the same in accordance with law and if after hearing the parties there appears to be bonafide dispute of title between the plaintiff and these petitioners, it may pass orders for converting the eviction case into a regular title suit in accordance with law and allow the petitioners to intervene in the matter. Learned court below thereafter may pass further orders in respect of deposit of rent by the defendant in court. With the aforesaid observations and directions, this revision application is permitted to be withdrawn. Pradeep/ (J. N. Singh, J.)