Kishore Rana Vs. Banarsi Lal Sah - Court Judgment

Excerpt:
in the high court of jharkhand at ranchi wp(c) no. 4591 of 2012 kishore rana petitioner versus banarsi lal sah respondent --- coram: honble mr. justice p.p.bhatt for the petitioner : mr. lakhan chandra roy, adv. for the respondent : mr. arvind kumar chouddhary, adv. --- order no.06 dated 15th april, 2013. the petitioner, by way of filing the present writ petition under article 227 of the constitution of india, has prayed for quashing and setting aside the order dated 24.5.12 passed by the sub-judge 1st, deoghar in title eviction suit no. 4/2010 whereby, the courts below allowed the petition filed by the respondent plaintiff under section 15 of bihar building control act, 1982 and directed the petitioner to deposit the arrears of rent of rs. 20,000/- within 15 days the petitioner is also directed to deposit the current rent in court on or before 15th of every month from august 2011 during the pendency of the the suit.2. heard the learned counsel for the parties and perused the impugned judgment as well as materials placed on record.3. learned counsel for the petitioner submitted that the court below in its order has jot properly considered issue regarding adjustment of rs. 25,000/-, which was given by way of salami to the respondent as well as rs. 13000/- towards furniture items supplied to the respondent against the amount of arrears of rent.4. learned counsel for the respondent submitted that petitioner tenant could not produce any documentary evidence to this effect in the court below and, therefore, the petitioner is required to make payment of arrears of rent as well as current rent as ordered by the court below.5. it appears that the court below has passed an order in accordance with the provision as contained in section 15 of the act. it appears that fact about the relationship of landlord and tenant between petitioner and respondent has been established on the basis of materials available on record. moreover, the plaintiff has also produced the counter part of the rent receipt to show that the rent @ rs. 800/- per month was paid by the tenant. accordingly, the court below passed an order to make payment of arrears of rent as well as current rent from august 2011. the contention raised by the petitioner- defendant with regard to adjustment of rs. 25,000/- and rs. 13000/- has been recorded by the court below but the court below has observed that the said issue requires consideration for which, the petitioner- defendant is also required to produce documentary and oral evidence, if any, in support thereof before the court below. the said issue shall be looked into and decided at the time of hearing of the suit. so far as arrears of rent and the current rent are concerned, considering the request made by the learned counsel for the petitioner, further two months time is granted from the date of receipt of the order in the interest of justice so as to enable the petitioner to make arrangement of the said amount and deposit the same in the court below. accordingly, the petitioner-defendant shall deposit the said amount within two months in the court below from the date of receipt of the order. out of the said amount rs. 30,000/- shall be invested in a fixed deposit in any nationalized bank initially for a period of three years. if the suit will not be disposed of within a period of three years, the period of fixed deposit may be renewed as may be deem fit and proper to the court below. so for remaining amount is concerned, the plaintiff shall be permitted to withdraw the same. upon depositing the said amount, the petitioner- defendant will be entitled to contest the suit.6. with the aforesaid observation and direction, this writ petition stands disposed of. anu/- (p.p. bhatt, j.)

Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(C) No. 4591 of 2012 Kishore Rana Petitioner Versus Banarsi Lal Sah Respondent --- CORAM: HONBLE MR. JUSTICE P.P.BHATT For the Petitioner : Mr. Lakhan Chandra Roy, Adv. For the Respondent : Mr. Arvind Kumar Chouddhary, Adv. --- Order No.06 Dated 15th April, 2013. The petitioner, by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for quashing and setting aside the order dated 24.5.12 passed by the Sub-Judge 1st, Deoghar in Title Eviction Suit No. 4/2010 whereby, the courts below allowed the petition filed by the respondent plaintiff under Section 15 of Bihar Building Control Act, 1982 and directed the petitioner to deposit the arrears of rent of Rs. 20,000/- within 15 days the petitioner is also directed to deposit the current rent in court on or before 15th of every month from August 2011 during the pendency of the the suit.

2. Heard the learned counsel for the parties and perused the impugned judgment as well as materials placed on record.

3. Learned counsel for the petitioner submitted that the court below in its order has jot properly considered issue regarding adjustment of Rs. 25,000/-, which was given by way of salami to the respondent as well as Rs. 13000/- towards furniture items supplied to the respondent against the amount of arrears of rent.

4. Learned counsel for the respondent submitted that petitioner tenant could not produce any documentary evidence to this effect in the court below and, therefore, the petitioner is required to make payment of arrears of rent as well as current rent as ordered by the court below.

5. It appears that the court below has passed an order in accordance with the provision as contained in Section 15 of the Act. It appears that fact about the relationship of landlord and tenant between petitioner and respondent has been established on the basis of materials available on record. Moreover, the plaintiff has also produced the counter part of the rent receipt to show that the rent @ Rs. 800/- per month was paid by the tenant. Accordingly, the court below passed an order to make payment of arrears of rent as well as current rent from August 2011. The contention raised by the petitioner- defendant with regard to adjustment of Rs. 25,000/- and Rs. 13000/- has been recorded by the court below but the court below has observed that the said issue requires consideration for which, the petitioner- defendant is also required to produce documentary and oral evidence, if any, in support thereof before the court below. The said issue shall be looked into and decided at the time of hearing of the suit. So far as arrears of rent and the current rent are concerned, considering the request made by the learned counsel for the petitioner, further two months time is granted from the date of receipt of the order in the interest of justice so as to enable the petitioner to make arrangement of the said amount and deposit the same in the court below. Accordingly, the petitioner-defendant shall deposit the said amount within two months in the court below from the date of receipt of the order. Out of the said amount Rs. 30,000/- shall be invested in a fixed deposit in any nationalized Bank initially for a period of three years. If the suit will not be disposed of within a period of three years, the period of fixed deposit may be renewed as may be deem fit and proper to the court below. So for remaining amount is concerned, the plaintiff shall be permitted to withdraw the same. Upon depositing the said amount, the petitioner- defendant will be entitled to contest the suit.

6. with the aforesaid observation and direction, this writ petition stands disposed of. Anu/- (P.P. Bhatt, J.)