SAMIRAN PAUL Vs. ANUBHA BANIK

JUDGEMENT

(1.) THE petitioners, by these petitions seek to invoke the jurisdiction of this Court under Section 115 read with Section 151 of Code of Civil Procedure (in short,"the Code") challenging the orders all dated 26. 06. 2006 passed by the learned Civil Judge (Jr. Division), No. 1, Silchar in different Misc. (Rent Control) cases filed for depositing the rent in Court for the month of December, 2005 under the provisions of sub-section 4 of Section 5 of the Assam Urban Areas Rent Control Act, 1972 (in short, "the Act" ). Since the questions involved in the present petitions are similar and identical, hence all these petitions are taken up for hearing and disposal together, as agreed to by the learned counsel for the parties.

(2.) THE petitioners on 16. 01. 2006 filed Miscellaneous Applications in the Court of the learned Civil Judge (Jr. Division), No. 1, Silchar under sub-section 4 of Section 5 of the Act depositing the monthly rent for the month of December, 2005, which were registered as various Misc. Cases, stating that the agreed monthly rent payable has been refused on being tendered by the landlord. It is the further case of the petitioners that on 18. 01. 2006 the agreed rent was deposited in the treasury by challans. The said Misc. Cases were, however, ordered to be filed for want of steps, by order dated 29. 04. 2006, whereafter, applications were filed in the month of June, 2006 under Order 9 Rule 4 read with Section 151 of the Code. The said applications were rejected by orders all dated 26. 06. 2006 by the learned Civil Judge (Jr. Division), No. 1, Cachar at Silchar, on the ground that the provisions of the Code are not applicable in the application filed under sub-section 4 of Section 5 of the Act. Hence, the present applications challenging the said orders.

(3.) I have heard Ms. P. Chakraborty, the learned counsel for the petitioners and Mr. N. Choudhury, the learned counsel appearing on behalf of the opposite parties in all the applications.