IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1308 of 2008 RAMAN KUMAR Versus ANUP KUMAR SHARAN & ANR ----------- 2 19.8.2008 Heard learned counsel for the petitioner. In the opinion of this Court there is no infirmity in the impugned order directing the petitioner to pay the arrear and current rent under Section-15 of B.B.C. Act. In this regard the court below has correctly considered the admission of the petitioner in paragraphs 8 and 11 of the written statement which is in conformity with the Kirayanama declaring the status of the petitioner of an admitted tenant of the premises in question and sufficient for recording a prima-facie finding for constituting relationship of landlord. The apprehension of the petitioner that on account of such finding he would be prejudiced in his defence in the ultimate decision of the suit, however is absolutely misconceived inasmuch as what ever finding has been recorded by the court below is confined for the purposes of section 15 of the B.B.C. Act only for payment of arrear and current rent and the ultimate decision in the suit will depend on the scanning of the - 2 - pleadings read with the evidence adduced by the parties. There being thus no jurisdictional error in the impugned order, this court would find no reason to interfere with the same and accordingly, this civil revision application is dismissed with a direction to the petitioner to pay arrear and current rent as directed by the court below within a period one month from the date of receipt/production of a copy of this order failing which the defence of the petitioner against ejectment shall be struck off. The Eviction suit being of the year 1990, the court below also must make effort to ensure that the same is disposed of expeditiously preferably within a period of six months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions this application is dismissed. shahid (Mihir Kumar Jha, J)