OM PRAKASH MANDAL Vs. SHYAM SUNDAR TIBREWAL

JUDGEMENT

(1.) This writ petition has been filed by the sole Defendant-Petitioner challenging order dated 21.5.2010 passed in Eviction Suit No. 2 of 2008 by which Munsif, Lakhisarai allowed the application of the sole Plaintiff-Respondent No. 1 filed under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity) and directed the Defendant-Petitioner to deposit in Nazarat the entire arrears of rent at the rate of Rs. 1100.00 per month from the date of filing of the suit in February, 2008, within fifteen days from the date of said order and also to go on depositing the current rent by 15th of each month in the Nazarat at the same rate.

(2.) It is not in dispute that Eviction Suit No. 2 of 2008 was filed by Respondent No. 1 for eviction of the Petitioner from the suit premises, namely a pucca building with two rooms with Verandah situated at Naya Bazar, Lakhisarai, on the ground of personal necessity of the Plaintiff under the provision of Section 14 of the Act. The Defendant-Petitioner filed his written statement contesting the claim of Plaintiff-Respondent and stating that father of the Defendant took the suit premises on rent from one Chhedi Lal who died leaving behind his widow Parwati Devi who received rent through his son-in-law Hari Om Lath. Hence, he claimed that the Plaintiff was neither the owner of the suit nor was the landlord and as such there is No. question of any bona fide personal necessity/ requirement of the Plaintiff and the suit was not maintainable.

(3.) In the said suit, the Plaintiff filed an application under Section 15 of the Act for a direction to the Defendant to deposit arrears of rent till date as well as current rent. Against the said application, the Defendant filed a rejoinder reiterating his claim made in his written statement and asserting that the suit and the application were frivolous as the Plaintiff had No. right to collect rent from the Defendant. The Trial Court after considering the arguments of the parties allowed the application of the Plaintiff filed under Section 15 of the Act and directed the Defendant to deposit the entire arrears of rent from the date of institution of the suit till the date of order at the rate of Rs. 1100.00 per month in one lump sum in the Nazarat within fifteen days from the said order and to go on depositing current rent at the same rate by 15th of each month in the Nazarat.