AFZAL ALI Vs. KRISHNA MOHAN PRASAD

JUDGEMENT

(1.) Defendant/tenant is the petitioner in this case who has challenged the order dtd. 28/8/2017 passed by learned Munsif 1st, Patna in an Eviction Suit bearing No. 147/2015 filed by respondent/plaintiff whereby the petitioner has been directed to pay arrears of rent @ Rs.2000.00 per month from August 2015 within fifteen days from the date of the order and also to pay current rent @ Rs.2000.00 per month.

(2.) The impugned order dtd. 28/8/2017 has been passed under Sec. 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act). A shop premise situated at Rama Bhawan at Ashok Raj Patha, Patna College, Main Gate, Patna having an area of 120 Sq. Ft. bearing Holding No. 40(Old) and 19(New) was leased out for a fixed period of five years in favour of the petitioner/tenant by Respondent/Landlord having the period of lease between 1/12/2010 to 30/11/2015 on a monthly rental of Rs.2000.00 per month. The respondent/plaintiff filed a suit for a eviction against the defendant/petitioner in respect of shop/Katra described in Schedule-1 of the plaint on the ground of expiration of terms of lease as well as on the ground of personal necessity. The petitioner/defendant stopped payment of rent w.e.f. August 2015 and the defendant has stated in the written statement that the last paid monthly rent was Rs.2662.00.

(3.) A petition under Sec. 15 of the Act was filed by the respondent/plaintiff with a prayer to direct the defendant/petitioner to pay the current as well as arrears of rent which fallen due from August, 2015.