IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVISION NO.498 OF 2007 ---- Dhrub Kumar Lall @ Dhrub Kumar, son of Girija Nandan Prasad Sinha, resident of Mohalla Chand Chaura Dak Khana Gali, P.S. Civil Lines in the district of Gaya. -- Defendant-petitioner. Versus 1. Nathun Tatwa @ Nathun Prasad son of Sri Nankhu Tatwa, resident of Mohalla Narayan Chuyan, Mangla Gauri, Holding No. New 39, Old 33, Ward No. Old 8, P.S. Civil Lines, District-Gaya. 2. Smt. Domani Devi daughter of Nanhaku Tatwa, wife of Sri Lakhan Prasad, resident of Mahandru Ram Sahay Lane, Patna. At present resides at Mohalla Narayan Chuyan Mangal Gauri Road, Holding No.39, Old 33, Ward No.(old)-8, P.S. Civil Lines, District- Gaya. 3. Smt. Chinta Devi, daughter of Sri Nanhaku Tatwa wife of Sri Binod Prasad, resident of Dak Bunglow Road, Biharsharif, P.S. Biharsharif, District Nalanda. At present resides at Mohalla Narayan Chuyan, Mangla Gauri Road, Holding No.New 32 Old 33, Ward No.8, P.S. Civil Lines, District-Gaya. -- Plaintiffs-Opposite Parties. ----- For the petitioner : M/s. Dinu Kumar and Manoj Kumar, Advocates. For opposite party no.1 : Mr. Chitragupt Prasad, Advocate. ----- 05. 09.09.2009 Heard counsel for the petitioner and learned counsel for opposite party no.1. 2. This civil revision has been filed by the sole defendant-petitioner challenging order dated 19.01.2007 by which the learned Execution Munsif, Gaya, rejected his petition with regard to maintainability of Eviction Suit No.16 of 1996 (20/2006). 3. The said suit was filed by the plaintiffs-opposite parties for eviction of the defendant-petitioner from the suit premises on the grounds of default in payment of rent as well as for arrears of rent and other ancillary reliefs. The said suit was contested by the defendant, whereafter issues have been framed and the suit is placed - 2 - for evidence. 4. During the pendency of the eviction suit, the defendant-petitioner filed an application on 02.07.2003 for dismissing the suit as not maintainable. This application was contested by the plaintiffs by way of their rejoinder dated 28.07.2003. However, the said application of the defendant has been rejected by the learned court below vide its order dated 19.01.2007 which is under challenge in this civil revision. 5. It is not in dispute that the suit is for eviction under the provisions of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 and is pending since about 13 years and is at the fag end. Hence without going into the merit of the case, this court does not find any justification to interfere with the impugned order at this stage as the question of maintainability of the eviction suit has to be dealt with at the time of final decision of the suit. 6. In the said circumstances, this civil revision is disposed of with a direction to the learned court below to expedite the hearing of the eviction suit without giving undue adjournments to any of the parties and decide the suit within six months on all the issues, including the issue of maintainability which will require consideration of various orders passed in the earlier title suit as well as in the instant eviction suit and civil revision, if the said orders are filed as exhibits by one party or the other. Sunil (S. N. Hussain, J.)