IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.392 of 2023 ====================================================== Md. Anwar Ali @ Anwar Ali Son of Late Abdul Halim Resident of Village- Mirchai Sah Takia Telhatta Bazar, P.S.- Siwan Nagar, District- Siwan. ... ... Petitioner/s Versus 1. Md. Akbar Hussain Son of Late Haffimullah R/o Village- Hasanpurba, P.O.- Machkana, Salempur Takia, P.S.- Andar, District- Siwan. 2. Md. Raddis Sah, Son of Late Haffimullah R/o Village- Hasanpurba, P.O.- Machkana, Salempur Takia, P.S.- Andar, District- Siwan. 3. Almullah, Son of Late Haffimullah R/o Village- Hasanpurba, P.O.- Machkana, Salempur Takia, P.S.- Andar, District- Siwan. 4. Rabaiya Khatoon, W/o Late Raj Mohammad R/o Village- Hasanpurba, P.O.- Machkana, Salempur Takia, P.S.- Andar, District- Siwan. 5. Sabaiya Khatoon, W/o Wastehar Ahmad R/o Salimpur Takia, P.S.- Salepur, District- Dewaria, U.P., all Legal Heirs of late Bibi Fekan. ... ... Respondent/s ====================================================== Appearance : 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 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 7 10-10-2025 Heard learned counsel for both the parties. 2. The present Civil Miscellaneous application has been filed on behalf of the petitioner for setting aside the order dated 21.02.2023 passed by learned Munsif 1st 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. 3. The present miscellaneous case is arising out from the impugned order passed in Eviction Suit No. 04 of 2010 by Patna High Court C.Misc. No.392 of 2023(7) dt.10-10-2025 2/2 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. 4. 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. 5. Accordingly, the present application stands dismissed. Ankit Kumar/- (S. B. Pd. Singh, J) U