M.Y.EQBAL,J. - (1.) HEARD Mr. Srijit Choudhury, learned counsel appearing for the petitioner.
(2.) BY the impugned order, Court below allowed the amendment petition filed by the plaintiff -respondent. In the amendment petition, plaintiff wanted to correct the relief portion of the plaint by adding a further relief of declaration of title of plaintiff, before the relief 'for a decree of eviction'. Learned Court below has allowed the aforesaid amendment on the ground that it was pleaded in the plaint that the defendant is a trespasser. Learned counsel appearing for the petitioner relied upon a decision of the Supreme Court in the case of Rajendra Tiwary v. Basudeo Prasad and Anr., 2001 (2) JLJR 890 and also a decision of the Patna High Court in the case of Most Sumitra Devi and others v. Yogendra Choudhary and Ors., 2000 (1) PLJR 495.
(3.) THE ratio decided by the Supreme Court is that unless relationship of landlord and tenant is established, the decree for eviction from the suit property cannot be passed. The plaintiff has to seek such declaration by filing a suit in the Civil Court of competent jurisdiction.;