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3. Heard Shri A B Ojha, learned Counsel for the plaintiffs-petitioners and Shri Devendra Kumar Sinha, learned Senior Counsel appearing on behalf of the defendant-opposite party.

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4. From the detailed and lengthy arguments before this Court, it appears that the main controversy is whether in an eviction proceedings instituted with reference to the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as "BBC Act"), can the question of title be gone into and if so to what extent white determining, the question of landlord and tenant relationship. Secondly, what would be the effect and consequence of such a determination. An incidental question also arises whether rejection of plaint would amount to a decree as contemplated under the Code of Civil Procedure (hereinafter referred to as "CPC") and, as such is impugnable only by preferring an appeal and not in a proceeding for revision under Section 115 of CPC.

14. Further, as noticed earlier, in the Section 15 proceedings, the trial Court itself had come to a prima facie finding that the landlord and tenant relations lip existed. The said decision, inter party, was not disturbed by this Court in earlier civil revision application against the said order.

15. I may also mention hat as has been noticed in several other decisions of this Court that if such a plea is permitted to be taken by tenants then all eviction suits under BBC Act would stand stultified for every tenant would deny the title of landlord and force the proceedings to be converted into a full-fledged title suit to be tried dehorse the provisions of the BBC Act, thus, defeating the very purpose for which the said Act had provided special procedures.