IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8142 of 2006 1. AWADHESH KUMAR SINGH, SON OF LATE KAPILDEO NARAYAN SINGH. 2. AMIT KUMAR SINGH SON OF AWADHESH KUMAR SINGH, BOTH ARE RESIDENT OF VILLAGE AND P.O. CHAPAR, POLICE STATION MOHIUDDIN NAGAR, DISTRICT SAMASTIPUR, BIHAR. Versus 1. BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK SAMITI THROUGH ITS CHAIRMAN, PATNA. 2. MANAGING DIRECTOR, BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK, PATNA. 3. SECRETARY, BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK, PATNA. 4. ASSISTANT SECRETARY, MANAGING DIRECTOR, BIHAR STATE CO- OPERATIVE LAND DEVELOPMENT BANK, PATNA. 5. REGIONAL MANAGER LAND DEVELOPMENT BANK, DARBHANGA, DISTRICT DARBHANGA, BIHAR. 6. BRANCH MANAGER, LAND DEVELOPMENT BANK PATAURI, MOHIUDDIN NAGAR, POLICE STATION MOHIUDDIN NAGAR, DISTRICT SAMASTIPUR. 7. SURESH PRASAD SINGH SON OF NAME NOT KNOWN RESIDENT OF VILLAGE AND P.O. CHAPAR, POLICE STATION MOHIUDDIN NAGAR, DISTRICT SAMASTIPUR. ----------- 03. 05.05.2011 Heard learned counsel for the petitioners and the counsel for the Bihar State Co-Operative Land Development Bank, Patna(hereinafter referred to as the Bank). 2. Petitioners are aggrieved by the order bearing letter no.473 dated 27.4.2005, Annexure-3 whereunder rent of the premises in question has been directed to be paid to Sri Suresh Prasad Singh, respondent no.7 on the ground that his father Sri Kapildeo Narayan Singh let out the premises in question in favour of the Bank and collected the rent until his life time whereafter his mother Smt. Laxmi Devi collected the rent of the premises in question. 2 3. Aforesaid contention of the petitioner is disputed by the counsel for the Bank that when the house in question was let out, the same was a joint family property, as such, the rent was paid to the father of the petitioner Sri Kapideo Narayan Singh, but after letting out of the house there was private partition in the family of Sri Kapildeo Narayan Singh and the house in question came to the share of Sri Suresh Prasad Singh. Recognizing the right title and interest of Sri Suresh Prasad Singh sale deed dated 5.9.1990 was executed in favour of Sri Suresh Prasad Singh. After execution of the sale deed, it is Sri Suresh Prasad Singh who has collected the rent of the premises in question. 4. It appears there is dispute about the ownership of the premises in question, in the circumstances; I am not inclined to proceed with the writ petition, which is, accordingly, dismissed granting liberty to the petitioner to approach the civil court of competent jurisdiction for decree of arrears of rent against the Bank. Rajesh/ ( V. N. Sinha, J.)