IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2260 of 2006 ARJUN PRASAD, SON OF LATE DEVCHAND PRASAD, RESIDENT OF MOHALLA-NEHRU TOLA, BHEETREE BEGUMPUR, POLICE STATION CHOWK,P.O. BEGUMPUR AND DISTRICT-PATNA. ………………………………………………DEFENDANT-PETITIONER. Versus RADHESHYAM AGNIHOTRI, SON OF LATE GOVIND AGNIHOTRI, RESIDENT OF MOHALLA NEHRU TOLA, BHEETREE BEGUMPUR, POLICE STATION-CHOWK, P.O. BEGUMPUR,AND DISTRICT-PATNA. …………………………………………PLAINTIFF-OPPOSITE PARTY. ----------- 2. 28.8.2009. Heard Mr. Pawan Kumar Mishra, the learned counsel for the petitioner. The defendant-petitioner is aggrieved by the order dated 31.10.2006 passed by the Munsif, Patna City, in Title Eviction Suit No.33 of 2000,whereby he has directed him to deposit the rent from December, 1999 to November, 2006 to the tune of Rs.42000/. Learned counsel for the petitioner submitted that there existed a dispute with regard to the title of the property between the plaintiff-opposite party and another co-sharer. The petitioner is paying rent to one Abadh Bihari Agnihotri who happens to be the co-sharer of the plaintiff. Thus, the court below ought to have rejected the petition of the plaintiff filed under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act. The trial court had found that there was no dispute with regard to the fact that the defendant was tenant. However, regarding the claim that he was paying rent to one Abadh Bihari Agnihotri, who happened to be the co-sharer of the plaintiff, it had been noticed that - 2 - there was no such evidence available on record. In view of the above, I do not find any jurisdiction error in the impugned order. Thus, this civil revision is dismissed. P.S. (Dr. Ravi Ranjan,J)