SATYANARAIN JHUNJHUNWALLA Vs. MUSTAFA KAMAL MOHIUDDIN AKHTAR

JUDGEMENT

(1.) This is an application for a writ of certiorari for recalling the record of Revision Case No. 556 of 1951 from the Commissioner of the Patna Division and for quashing the order made in that proceeding on 18-4-1952.

(2.) The petitioner is the landlord of a building bearing Holding No. l0c in circle No. 22 of the Patna City Municipality situated in Mahalla Muradpur, Police Station Pirbahore, in the town of Patna. Opposite Party l (hereinafter to be referred to as the opposite party) is the tenant of the said holding on a monthly rental of Rs. 55/- for the last several years. It is alleged that, according to the contract, the rent of the holding was payable on the expiry of each month on the 1st day of the succeeding month. The petitioner made an application on 3-4-1951, before the Sub-divisional Officer, Patna, the Controller under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Act 3 of 1947) for an order directing the opposite party to put the petitioner in possession of the said building on such date as the Controller might fix, on the ground the tenant was a habitual defaulter and was liable to eviction for non-payment of rent for the months of January, February and March, 1951.

(3.) After hearing the parties, the controller, by his order dated 21-7-1951, in B. B. A. Case No. 59 of 1951 rejected the application of the petitioner. There was an appeal to the Collector of Patna by the petitioner, and the Collector allowed the appeal, set aside the order passed by the Controller, by his order dated 20-8-1951, and directed eviction of the opposite party. The opposite party, thereupon, moved the Commissioner of the Patna Division in revision, and the learned Commissioner allowed the application, set aside the order made by the Collector, on appeal, and rejected the application of the petitioner for eviction of the opposite party, by his order dated 18-4-1952. It is against this order that the present application has been made.