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Date: 15-12-2016 Nobody appears on behalf of the petitioners. Learned counsel for the respondent nos. 2 and 3 has been heard.

Patna High Court CWJC No.14888 of 2013 dt.15-12-2016 2 The legal sustainability of the impugned order by which the court below has dismissed the petition filed by the plaintiff under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the BBC Act) has been questioned in this application under Article 227 of the Constitution of India. It has been submitted by learned counsel for the respondent nos. 2 and 3 that the suit for eviction was filed by the defendants on the ground of personal necessity under Section 14 of the BBC Act. It has been further submitted that the plaintiffs could not produce any evidence establishing the relationship of landlord and tenant and therefore the learned court below has rightly come to the conclusion that the prayer made by the petitioners under Section 15 of BBC Act cannot be allowed. It has also been submitted that the court below has granted liberty to the plaintiffs to file petition at later stage after the examination of handwriting by handwriting expert under Order 6 Rule 10 C.P.C.

After perusal of the impugned order as well as considering the submissions made on behalf of the respondents, it is manifest that the court below has recorded the finding that the plaintiff has failed to establish the relationship of landlord and tenant prima facie in order to be entitled to an order under Section 15 of the BBC Act for payment of arrears of rent and current rent. Patna High Court CWJC No.14888 of 2013 dt.15-12-2016 3 This Court further finds that the learned court below has also granted liberty to the plaintiffs to file such petition at later stage.