ASHOK SUBBA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. R. Sen, learned Sr. Counsel for the petitioner. Also heard Mr. N. D. Chullai, learned Sr. Govt. Advocate for the State respondent. None appears for the private respondents.

(2.) By this writ petition under Articles 226/227 of the Constitution of India, the writ petitioner has challenged the order dated 25th July, 2005 passed in M. C. A. No. 8(T) of 2004 by Addl. Deputy Commissioner, Shillong by which the parties to the proceeding are directed to maintain status quo.

(3.) The brief facts leading to this impugned order may be summarized as below : The petitioner is a tenant under respondent No. 2 in respect of the premises situated at Limbu Compound, Mawbah, Barapathar, Shillong at a monthly rental of Rs. 400/- since 1992. A sum of Rs. 18,000/- was paid in advance to the respondent No. 2 with condition of adjustment of the same towards the rent at the rate of Rs. 300/- per month and remaining Rs. 100/- of the total rental agreed, would be paid by the writ petitioner. Thereafter, the writ petitioner invested an amount of Rs. 40,000/- with the consent of the respondent No.2, the landlord for renovation of the rented house. During the subsistence of the relationship as landlord and tenant between the respondent No. 2 and the petitioner, Ms. Rashmi Subba, daughter of the writ petitioner without the knowledge of the writ petitioner eloped with the nephew of the respondent No. 3 and got married which caused disappointment to the family members of the respondents. The respondent No. 2 insisted the petitioner to separate his daughter from her newly married husband, the nephew of the respondent No. 3, failing which the respondent's family threatened the petitioner of evicting from the premises. The writ petitioner failed to oblige their unlawful demand for which the respondent No. 2 threatened the writ petitioner of forceful eviction from the rented house and in fact on 8th June 2004 and 7th August 2004 asked the petitioner to vacate the rented house.