IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.13 of 2008 1. Abdul Razique 2. Mohammad Khalid Both sons of late Abdul Khalique, resident of Mohalla Chhajju Chaman, P.O. Biharsharif, P.S. Bihar, District Nalanda. ………………..Plaintiffs-Petitioners. -versus- Rabindra Prasad alias Rabindra Singh, son of Sri Ram Kishun Prasad, Proprietor Parchun Shop, resident of Mohalla Bharaopar ( in front of Mamta Restaurant), P.S. Lehari, District Nalanda. ……………….Defendant-Opposite Party ----- For the Petitioners : Mr. Khatim Reza, Advocate. For the Opp. Party : None. ------ 02/ 26.10.2009 Heard learned counsel for the petitioners. 2. This civil revision has been filed by the plaintiffs- petitioners challenging order dated 19.09.2007, by which the learned Munsif, Nalanda directed the defendant, who was an admitted tenant, to pay only Rs.499.00 per month as rent instead of Rs.600.00 per month holding that Rs.101.00 will be chargeable by the plaintiffs from the vendor. Learned counsel for the petitioners submits that the said vendor is not a party to the suit, which is a pure and simple eviction suit on the ground of bona fide personal requirement of the plaintiffs and in any view of the matter the said vendor has already died. He further submits that this Court, vide its order dated 14.09.2009 passed in Civil Revision No. 1231 of 2009, observed that if the defendant wanted he might file a separate suit for recovery of any amount claimed by him to have been paid as advance to the vendor of the plaintiffs. 3. Learned counsel for the petitioners submits that the 2 said suit is running for argument and is expected to be decided expeditiously. 4. It is quite apparent that the said suit is only for eviction of the defendant on the ground of bona fide personal requirement of the plaintiffs and neither any default in payment of rent nor any arrears of rent have been claimed therein. 5. In the said circumstances, if the plaintiffs- petitioners, in any way, are affected by the impugned order, they may raise that issue by filing a fresh suit with regard thereto or by way of raising such a point in appeal or revision, if filed by any of the parties to the eviction suit against the judgment and decree, which is going to be passed in the said eviction suit. 6. With the aforesaid observation, this civil revision is disposed of with a direction to the learned court below to conclude the hearing of the eviction suit expeditiously and decide it without any further delay, preferably within a period of one month from the date of receipt/production of a copy of this order. MPS/ ( S. N. Hussain, J.)