PROFESSOR AKHAURI MADHU RANI SINHA Vs. MATHURA PRASAD

JUDGEMENT

(1.) The plaintiff-respondent brought Eviction Suit No. 10 of 2008 against the defendant-petitioner under section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, (hereinafter referred to as 'the B.B.C. Act') on the ground of default in payment of rent.

(2.) The petitioner took on rent suit premises situated on second floor of building standing on Plot No. 160, Holding No.7938, Circle 249, Ward No.34, in Mohalla-New Punaichak, Boring Canal Road, Patna. The defendant-petitioner alleged that during the pendency of the civil suit, the respondent (plaintiff) disconnected the electric supply. The defedant/ petitioner filed an application on 4.5.2011 before the trial court with a prayer to restore electric connection, under section 10 of the B.B.C. Act.

(3.) On the other hand, the plaintiff-respondent raised issue of maintainability and jurisdiction of Civil Court to entertain an application for restoration of amenities snapped or withheld by landlord in its objection filed on 10.5.2011. The trial court in its order dated 24.6.2011 impugned in this application accepted the contention of the plaintiff that a Civil Court has no jurisdiction to entertain an application of tenant for restoration of amenities withdrawn or withheld by a landlord, which power is alone vested in Rent Controller under section 10(2) of the B.B.C. Act to look into such complaint.