Judgment 1. I.A. No. 5492 of 2005 has been filed for condoning the delay in filing Civil Revision application. 2. For the reasons stated in the petition for condonation of delay, the delay in filing Civil Revision application is condoned. 3. Heard learned counsel for the parties. 4. On behalf of the Defendant-petitioner, it is submitted that the impugned order though is an order in terms of Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, hereinafter referred to as the Act, it is wholly without jurisdiction inasmuch as before a Court gets jurisdiction to pass an order for deposit of rent/arrears of rent, it is required to give prima facie finding as to the existence of landlord tenant relationship. With reference to the impugned order it is stated that defence of the defendant was that land had been made available to him on which he had himself constructed the shop in question. Accordingly, he was merely a licensee and not a lessee and no landlord tenant relationship existed. On the other hand, the plaintiffs-Opposite party 1st set submits that they had purchased the shop alongwith land and, as such, the defendant was their tenant. 5. Having heard the parties, I am afraid, it is not open to this Court to adjudicate as to whether there is landlord tenant relationship or not. This duty is squarely cast upon the trial court. Similarly before directing for payment of rent the Court has to determine as to what was the last paid rent. Both these determination at the stage of Section 15 of the Act are only prima facie determination but have to be determined consequent to adjudication subject to final decision of the Court in the suit itself. 6. The order impugned deals with various aspects, but, is absent so far as any finding as regard to landlord tenant relationship or the last paid rent is concerned. It assumes the statements as made by the plaintiff. This is not permissible when the relationship is denied. The Court is required to give a finding though tentative in nature based on materials on record. 7. It assumes the statements as made by the plaintiff. This is not permissible when the relationship is denied. The Court is required to give a finding though tentative in nature based on materials on record. 7. In that view of the matter, I have no alternative but to set aside the impugned order and remand the matter for fresh consideration to the trial court preferably within a period of three months from today on this aspect of the matter, in view of the observations as made above. 8. This Civil Revision application is, thus, allowed.