Document Fragment View

Matching Fragments

7. Perused the records.

8. Having considered the submissions made on behalf of the petitioner, I am entirely not in agreement with the submissions made on behalf of the petitioner. Time and again, the Hon'ble Apex Court has held that the question of title of the parties to the suit premises is not relevant when the suit has been filed for eviction under a Special Act like 'BBC Act'. Further, a court like Rent Controller having limited jurisdiction to try suits on grounds specified in the Special Act cannot pass a decree of eviction on a ground other than the one specified in the Act. The scope of such suit is very much limited and the question of title cannot be looked into because suit would be eventually dismissed even if the plaintiff succeeds in proving title but fails to establish contract of tenancy. Reference could be made to the decisions of Hon'ble Supreme Court in the cases of LIC v. India Automobiles & Co., reported in (1990) 4 SCC 286, Ranbir Singh v. Asharfi Lal, reported in (1995) 6 SCC 580 and Rajendra Tiwary v. Basudeo Prasad, reported in (2002) 1 SCC 90. However, the question of title if disputed, may incidentally be gone into in connection with the primary question for determining the main question about the Patna High Court C.Misc. No.666 of 2017 dt.11-12-2023 relationship between the parties ( LIC v. India Automobiles & Co. and Ranbir Singh v. Asharfi Lal supra).

10. In the light of the aforesaid facts and circumstances, the learned court below acting under the powers conferred upon it by the 'BBC Act' cannot inquire into the title of the plaintiff since it is beyond the scope of the learned court below exercising jurisdiction under the said Act as no alternative relief is permissible and no equitable relief can be granted and, for this reason, the provisions of Order 7 Rule 7 of Patna High Court C.Misc. No.666 of 2017 dt.11-12-2023 the Code of Civil Procedure are not attracted since the title of the plaintiff cannot be gone into by the learned trial court. The learned trial court has rightly rejected the application filed by the petitioner for amendment in plaint seeking declaration of title and eviction of respondent/defendant on the basis of title of plaintiff on the suit premises.