IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10945 of 2011 Sakaldeo Das Versus Rana Pratap Chourasia ----------- 2. 12.07.2011 Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 10.5.2011 passed by Munsif 1st, Munger in Eviction Suit No. 2 of 2009 whereby the application filed by the defendant for converting the eviction suit to a regular title suit has been rejected. The learned counsel for the petitioner submitted that the relief sought for by the plaintiff respondent is in the nature of title suit and the defendant tenant is also disputing the relationship of landlord and tenant therefore, the learned court below should have convert eviction suit to regular title suit. From perusal of the impugned order it appears that the learned court below considering the facts and circumstances of the case came to the conclusion that this is an eviction suit filed by the plaintiff respondent and the same shall be decided 2 within the purview of the Bihar Building Lease Rent and Eviction Control Act, 1982. It appears that the suit was filed on the ground of default and personal necessity. The defendant is disputing the title of the plaintiff and challenging the sale deed as forged and fabricated on the basis of which the plaintiff is claiming title. In my opinion at the instance of the defendant the nature of the suit cannot be changed. It is for the plaintiff either to amend the plaint claiming title or not. If it is found that the plaintiff has got no title the eviction suit will be dismissed. In such circumstances at this stage at the instance of the defendant the nature of the suit cannot be permitted to be changed and, therefore, the learned court below has rightly dismissed the application. Therefore, I find no merit in this writ application and accordingly, it is dismissed. S.S. (Mungeshwar Sahoo,J.)