IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1953 of 2008 JAI PRAKASH GUPTA Versus DR. MAHENDRA NARAYAN DAS ----------- 5 27.04.2009 Heard learned counsel for the petitioner and learned counsel for the opposite parties. This revision application has been filed against the judgment and decree passed by learned Munsif II, Bhagalpur in Title (Eviction) Suit No. 12 of 2003 by which the judgment and decree of partial eviction has been passed by the court below. This court has perused the impugned judgment of learned court below and has heard the parties. Learned counsel for the petitioner has not been able to point out any jurisdictional error in the judgment. Learned counsel for the petitioner has submitted that the rent was considered by the learned court below on the basis of area of the suit premises not given in the plaint. He submits that in the plaint of the suit the area of suit premises is given 1000 Sq. feet whereas the learned court below has fixed the rent as considering it to be of much higher area i.e. 4000 Sqt. Learned counsel for the opposite party points out that the submission of the learned counsel for the petitioner is contrary to the pleadings of the plaint wherein the area of suit premise has been given 3600.0 Sq. feet. Learned counsel for the opposite parties has enclosed the evidence of the defendant petitioner along with his counter affidavit from which it appears that in the year 2006 itself the defendant had agreed to vacate the premise if he gets an alternative - 2 - premise. He submits that, despite such undertaking, the defendant did not make any attempt towards keeping such undertaking and has continued to contest the matter. This minor discrepancy in the area of the suit premises is not a jurisdictional error by the court below and therefore, this court does not find that the court below has committed any jurisdictional error in granting decree of partial eviction to the plaintiff landlord. In the circumstances, this court does not find any merit in this application. Therefore, it is disposed of. Kundan (J. N. Singh, J.)