IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11800 of 2011 ====================================================== Rajendra Prasad Gupta S/O Late Mathura Prasad Gupta R/O Mohalla- Budhanli, P.S. Sheikhpura, Distt.-Sheikhpura. .... .... Petitioner Versus 1. Ishwar Dayal S/O Late Harikishun Sao R/O Mohalla-Chakdiwan, Sheikhpura, P.O. & P.S. Sheikhpura, Distt.-Sheikhpura. …. …. Plaintiff/Respondent 1st Set 2. Antu Prasad Gupta S/O Late Mathura Prasad Gupta R/O Mohalla- Budhanli, P.O. & P.S. Sheikhpura, Distt.-Sheikhpura. 3. Nand Kishore Prasad Gupta S/O Late Mathura Prasad Gupta R/O Mohalla-Budhanli, P.O. & P.S. Sheikhpura, Distt.-Sheikhpura. 4. Sato Yadav S/O Sitaram Yadav R/O Mohalla-Chakdiwan, Sheikhpura, P.O. & P.S. Sheikhpura, Distt.-Sheikhpura. 5. Munna Halwai S/O Prakash Halwai R/O R/O Mohalla-Budhanli, P.O. & P.S. Sheikhpura, Distt.-Sheikhpura. .... .... Defendants/Respondents 2nd Set ====================================================== Appearance : For the Petitioner : Mr. Anil Chandra, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6. 21-12-2011 This Petition under Article 227 of the Constitution is filed by the defendant no.1 in Eviction Suit No.01 of 2010 pending before the Court of Munsif, Sheikhpura against the order dated 29th April 2011. The respondents claim to be the owner of the suit property. They have filed suit for eviction in the Court of Munsif Patna High Court CWJC No.11800 of 2011 (6) dt.21-12-2011 2 / 2 2 against the petitioner-defendant and others on the premise that the defendants had failed to pay the rent for past several months. The suit is contested by the defendant-writ petitioner. The writ petitioner claims that he is the owner of the suit property. He has denied the relationship of landlord and tenant between the plaintiff and the defendant. In view of the said dispute the learned Judge has, pending the suit, directed the defendant to deposit Rs. 19,200.00, the amount of arrears of rent, in the Court subject to the final decision in the pending suit. Therefore, this Petition. Learned advocate Mr. Anil Chandra has appeared for the petitioner. He has submitted that there is enough evidence on record to establish that the defendant-writ petitioner is the owner of the suit property. The suit property is the ancestral property inherited by the defendant from his father. Be that as it may, in view of the dispute relating to the title of the property and the relationship between the plaintiff and defendant of that of landlord and tenant, the direction issued by the learned Munsif to deposit the amount of alleged arrears of rent subject to the result of the suit is just and equitable. No interference is warranted. Petition is dismissed in limine. Pawan/- (R.M. Doshit, CJ)