IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.966 of 2011 Bhikhar Rai, S/o Late Ramdeo Rai, Resident of Village- Basti Khoajpur, P.O. Pastara, P.S.- Baligaon, District- Vaishali. . . . . . Petitioner. Versus 1. The State of Bihar 2. The Sub-Judge-II, Vaishali at Hajipur. 3. Mahanth Srikant Sharan Das, Chela of Mahanth Sri Ramanand Das, Resident of Village, P.O. and P.S.- Patepur, District- Vaishali. . . . . . . Respondents. ----------- 3/ 22.07.2011 The instant writ application has been filed against order dated 01.09.2010, whereby the trial court has directed the petitioner to deposit monthly rent of Rs.550/- since August, 2008 along with current rent under Section 15 of the B.B.C. Act. The petitioner filed Eviction Suit No. 05 of 2008 against the defendant. In the written statement the defendant stated that the rent of the suit premise is Rs.550/- per month. He submits that in fact the land was given to him, in which he had constructed a house and is depositing the rent with business unit. The trial court has given a prima facie finding that relationship of tenancy exist and even as per the defendant the rent of the premises is Rs.550/- In this view of the matter, I do not find any illegality in the impugned order passed by the trial court. However, it will be open for the petitioner to contest the suit that only land was given whereupon he constructed a shop thereon. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)