Dismissed¶25

Md. Anwar Ali @ Anwar Ali v. Md. Akbar Hussain

Patna HC10 Oct 2025C.Misc./392/2023

Case brief

AI extract

What is this about?

Appointment of survey-knowing Pleader Commissioner refused in eviction suit under Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982; landlord-tenant relationship already challenged in written statement, so commissioner's report unnecessary; Munsif's rejection upheld as beyond pleadings and nature of suit; Patna High Court C.Misc. No.392 of 2023, decided 10-10-2025 by S. B. Pd. Singh, J.; arises from Eviction Suit No. 04 of 2010, Munsif 1st Siwan; application dismissed; respondents are legal heirs of late Bibi Fekan.

What did the court decide?

In an eviction suit under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, the Court has only to see whether the relationship of landlord and tenant is existing or not. ¶22

Md. Anwar Ali @ Anwar Ali Vs Md. Akbar Hussain — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶25

Issue for consideration

Whether the order dated 21.02.2023 passed by the learned Munsif 1st, Siwan in Eviction Suit No. 04 of 2010, dismissing the petitioner/defendant's petition for appointment of a survey-knowing Pleader Commissioner, should be set aside. +1 more

¶19

Court's answer

The learned Court below rightly rejected the defendant's petition, which was beyond his pleadings and the nature of the suit, and there is no illegality and impropriety in the impugned order.

¶23

Ratio / Principle

In an eviction suit under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, the Court has only to see whether the relationship of landlord and tenant is existing or not.

¶22

Key takeaways

Since the defendant/petitioner has challenged the relationship of landlord and tenant in his written statement, there is no necessity of any report of the survey-knowing Pleader Commissioner.ratio¶23
The present miscellaneous application stands dismissed.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J.), by order dated 10-10-2025, dismisses C.Misc. No.392 of 2023 filed by Md. Anwar Ali @ Anwar Ali seeking to set aside the order dated 21.02.2023 of the Munsif 1st, Siwan in Eviction Suit No. 04 of 2010 (under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982), whereby the defendant's petition dated 23.07.2018 for appointment of a survey-knowing Pleader Commissioner to measure the disputed land and house was rejected. The Court holds that in such an eviction suit it has only to see whether the relationship of landlord and tenant exists; since the defendant/petitioner had already challenged that relationship in his written statement, there was no necessity of any commissioner's report, the court below rightly rejected the petition as beyond his pleadings and the nature of the suit, and there was no illegality or impropriety in the impugned order. The five respondents (Md. Akbar Hussain, Md. Raddis Sah, Almullah, Rabaiya Khatoon and Sabaiya Khatoon) are recorded as the legal heirs of late Bibi Fekan.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.392 of 2023

¶2

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¶3

Md. Anwar Ali @ Anwar Ali Son of Late Abdul Halim Resident of VillageMirchai Sah Takia Telhatta Bazar, P.S.- Siwan Nagar, District- Siwan.

¶4

... ... Petitioner/s

¶5

Versus

¶6

Md. Akbar Hussain Son of Late Haffimullah R/o Village- Hasanpurba, P.O.Machkana, Salempur Takia, P.S.- Andar, District- Siwan.

¶7

Md. Raddis Sah, Son of Late Haffimullah R/o Village- Hasanpurba, P.O.Machkana, Salempur Takia, P.S.- Andar, District- Siwan.

¶8

Almullah, Son of Late Haffimullah R/o Village- Hasanpurba, P.O.Machkana, Salempur Takia, P.S.- Andar, District- Siwan.

¶9

Rabaiya Khatoon, W/o Late Raj Mohammad R/o Village- Hasanpurba, P.O.Machkana, Salempur Takia, P.S.- Andar, District- Siwan.

¶10

Sabaiya Khatoon, W/o Wastehar Ahmad R/o Salimpur Takia, P.S.- Salepur, District- Dewaria, U.P., all Legal Heirs of late Bibi Fekan.

¶11

... ... Respondent/s

¶12

======================================================

¶13

Appearance :

¶14

For the Petitioner/s : Mr.Dipak Kumar For the Respondent/s : Mr.Ranjeet Kumar, Advocate Mr. Kanishk Kaustubh, Advocate Mrs. Lakshmi kumari, Advocate Mr. Rajnish Prakash, Advocate

¶15

======================================================

¶16

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

¶17

7 10-10-2025 Heard learned counsel for both the parties.

¶18

The present Civil Miscellaneous application has

¶19

been filed on behalf of the petitioner for setting aside the order dated 21.02.2023 passed by learned Munsif 1^st Siwan in Eviction Suit No. 04 of 2010 by which the learned Munsif has dismissed the petition dated 23.07.2018 filed on behalf of the petitioner for appointment of a survey knowing pleader commissioner to get the disputed house measured.

¶20

The present miscellaneous case is arising out from the impugned order passed in Eviction Suit No. 04 of 2010 by

¶21

Patna High Court C.Misc. No.392 of 2023(7) dt.10-10-2025 2/2

¶22

which the learned Musif has dismissed the petition dated 23.07.2018 filed on behalf of the petitioner/defendant for appointment of survey knowing Pleader Commissioner to get the disputed land and house measured and send a report on the point mentioned in the petition. Admittedly, the present Eviction Suit No. 04 of 2010 is filed under Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. In the aforesaid suit, the Court has only to see that whether the relationship of land lord and tenant is existing or not.

¶23

The defendant/petitioner has challenged the relationship of land lord and tenant in his WS. So, it appears that there is no necessity of any report of survey knowing Pleader Commissioner and the learned Court below has rightly rejected the petition of the defendant and held that his petition is beyond his pleadings and nature of the suit. However, there is no illegality and impropriety in the impugned order.

¶24

Accordingly, the present application stands

¶25

dismissed.

¶26

(S. B. Pd. Singh, J)

¶27

Ankit Kumar/-

¶28

Md. Anwar Ali @ Anwar Ali v. Md. Akbar Hussain

Case brief

What is this about?

What did the court decide?

Md. Anwar Ali @ Anwar Ali v. Md. Akbar Hussain

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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