MD.TARAI Vs. MD.JAFAR IMAM

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India seeking quashing of the order dated 24.5.2011 passed by learned Munsif 1st, Munger in Eviction Suit No. 1/2009, whereby he has rejected a petition filed by the petitioner under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the "Act"). The plaintiff in the Court below is the petitioner in the present application who preferred the eviction suit seeking eviction of respondent first Set/Defendant first Set from the suit premises on the ground of personal necessity as well as on the ground of default in payment of rent. During the pendency of the said eviction suit, the petitioner took recourse to the provisions under Section 15 of the Act which confers this jurisdiction upon the Court to pass any order for deposit of rent month by month at such rate as may be determined by it as also the arrears of rent both before or after the institution of the suit. From the impugned order, it appears that while rejecting the application filed under Section 15 of the Act, the Court below adjourned the matter to 9.6.2011 for hearing under Section 89 of the Code of Civil Procedure.

(2.) It is the case of the petitioner that his father Sk. Abdul Motalib acquired title over the suit property on the basis of "Hibba-Will-Ewaz" executed on 10.5.1952 by the two wives of Sk. Abdul Gafoor after the death of Sk. Abdul Gafoor. It is the case of the plaintiff that Sk. Abdul Gafoor had died issueless, whereafter two wives of Sk. Abdul Gafoor executed "Hibba-Will-Ewaz" in favour of the petitioner's father. After the death of Sk. Abdul Motalib, i.e. the petitioner's father, petitioner inherited the properties of his father including the suit property. Further case of the plaintiff is that the defendant first set is the tenant in the said house where he resides and runs a bakery shop and there is relationship of landlord and tenant between the petitioner and respondent No. 1. This is specific case of the petitioner that respondent No. 1 had been paying rent on month to month basis up to the month of November, 2008 and thereafter stopped paying the rent, which necessitated institution of eviction suit, also because the plaintiff required the suit premises for his personal occupation.

(3.) The respondent No. 1 filed his written statement and resisted the claim of the petitioner Md. Tara, disputing the very assertion that he was his landlord. He contended in the written statement that as a matter of fact the petitioner's name was not Md. Tara and he was an imposter. He took further plea that Md. Tara alias Md. Haroon Rashid died in the year 1985. He took a plea that Md. Tara alias Haroon Rashid left behind him one daughter Akhtari Begum and one son Asgar Ali and said Asgar Ali died leaving behind his widow and four sons and two daughters. Accordingly, the defendant pleaded that the petitioner/plaintiff was a fictitious person claiming himself to be Md. Tara and that his real name was Akhtar Ali son of Md. Isque. He relied upon certain documents including a finding in the criminal case bearing No. 1580/1974 and subsequent order passed in Cr. Appeal No. 6 of 1994 to substantiate the plea the petitioner was imposter and which finding came to be affirmed in appeal also.