- (1.) Aggrieved by order dated 21.12.2012 in Title (Eviction) Suit No. 08 of 2007 whereby, the application seeking rejection of plaint has been dismissed, the present writ petition has been filed.
(2.) The petitioner is defendant in Title (Eviction) Suit No. 08 of 2007. The suit was instituted for a decree of ejectment from the suit premises on the ground of default in making payment of rent. The defendant appeared and filed written statement disputing relationship of landlord and tenant between the parties. The default in making payment of rent has been disputed by the defendant. In the pending suit, an application under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 was moved by the plaintiff and vide order dated 11.03.2008, the defendant was directed to deposit rent from January, 2005 to May, 2005 @ Rs. 200/ per month and thereafter, @ Rs. 5208/ per month as fixed by the House Rent Controller. Aggrieved, the defendant approached this Court in W.P.(C) No. 1622 of 2008 which was disposed of on 28.06.2011 permitting the defendant to deposit rent @ Rs. 38/ per month, from January, 2005 as current and future rent. Thereafter, the defendant filed application dated 27.07.2011 under Order VII Rule 11 read with Section 151 C.P.C. contending that the plaint is liable to be rejected on the ground that the plaintiff has failed to disclose cause of action. The said application has been dismissed vide order dated 21.12.2012, against which the present writ petition has been filed.
(3.) Heard the learned counsel for the parties.;