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Date : 15-01-2024 Heard learned counsel for the petitioners on the point of admission and I intent to dispose of the instant petition at the admission stage itself.

2. The instant petition has been filed for quashing/ setting aside the order dated 28.02.20217 passed in Eviction Suit No. 04 of 2005 by learned Munsif-I, Gaya.

3. The facts of the case, as it appears from the record, is that the respondent/plaintiff filed Eviction Suit No. 04 of 2005 before learned Munsif-I, Gaya on 29.03.2005 for eviction of the defendants/petitioners from the suit premises fully described in Schedule-II of the plaint on the ground of default in payment of rent as well as on the ground of personal necessity. The Patna High Court C.Misc. No.1090 of 2017 dt.15-01-2024 defendants/petitioners were let out two rooms at the rate of monthly rent of Rs.600/- but the defendants/petitioners failed to pay rent from September, 2002 and as such, the eviction suit was filed. The defendants/petitioners challenged the status of the plaintiff/respondent submitting that the sale deed executed by the vendor of the plaintiff/respondent was a forged and fabricated document as through the sale deed the plaintiff/respondent claimed the ownership of the suit property. At the same time, Title Suit No. 184 of 2005 was filed by the defendants/petitioners for declaration that the sale deed was a forged and fabricated document conferring no right, title and interest to the vendee. The said suit was dismissed and thereafter, the petitioners/defendants lost Title Appeal No. 17 of 2010 and also Second Appeal No. 01 of 2014 which was disposed of on 04.04.2016. Afterwards, the defendants/petitioners preferred SLP (Civil) No. 26095 of 2016 against the order of second appeal. In the eviction suit the plaintiff/respondent filed a petition on 27.07.2015 under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982 (hereinafter referred to as 'BBC Act') for payment of rent from the defendants/petitioners at the rate of Rs.600/- per month from September, 2002. The defendants/petitioners filed their rejoinder Patna High Court C.Misc. No.1090 of 2017 dt.15-01-2024 on 18.10.2016 denying the relationship of landlord and tenant and further submitting that the petition under Section 15 of B.B.C. Act was not maintainable. After hearing the parties and perusing the record the learned trial court has passed the order under challenge.

4. Learned counsel for the defendants/petitioners submits that the impugned order is not sustainable in law and on fact. The status of the plaintiff/petitioner is yet to be decided since the matter is pending before the Hon'ble Supreme Court in SLP (Civil) No. 26095 of 2016. The learned trial court further failed to appreciate that Section 15 of the BBC Act speaks about payment of rent by the tenant and the defendants/petitioners were never the tenant of the plaintiff/respondent. There was no relationship of landlord and tenant between the parties and hence, the impugned order is not sustainable.