ANANT PD. SAH Vs. DEVENDRA NATH GUPTA

JUDGEMENT

(1.) Both these revision applications are directed against a common order passed by the subordinate Judge in Title Suit No. 26/91 directing the petitioner to deposit the arrears of rent as also the current rent under Sec. 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act. The defence has also been struck off.

(2.) Mr. S.C. Ghosh, learned counsel appearing of the petitioner has contended that the suit as such was not maintainable under the Bihar Building Rent Control Act since the leased out property to the petitioner was only a parti land bounded with walls and, therefore, the same would not be covered within the definition of 'building' as defined under Sec. 2(b) of the Act.

(3.) In order to prove the fact that only the parti land was leased out to the petitioner reliance was placed on the lease deed itself and the map of the land in question. It was pointed out that only parti land bounded with walls were leased out to the petitioner and, later, the petitioner constructed his own structure. These facts could not be disputed by the respondents. However, it was contended on their behalf that since the parti land was bounded by brick walls, it would be covered within the definition of 'building' and, in support of the same reliance was placed on a decision of this Court reported in 1991(1) BLJR 350. The contention of the respondents has to be rejected. The aforesaid case is clearly distinguishable on facts, because the property let out to the petitioner in the said case was 'Katra' bounded by walls and it was not a open parti land. That makes all the difference in so far as the facts of the present case are concerned. Therefore, the only contention raised on behalf of the respondents is rejected and they may, however, seek another appropriate remedy under the Transfer of Property Act, if so advised.