RAM ADHIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioner for quashing the order dated 29/06/1989, passed by the Commissioner, Magadh Division, Gaya, as a revisional authority, under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (Bihar Act No. 4 of 1983) (hereinafter in short '1982 Act"only).

(2.) The petitioner is the owner of a building in the town of Gaya, a portion whereof is under the tenancy of the respondent Magadh Gramin Bank, Municipal assessment has been made in respect of the said building. Pursuant to an agreement between the landlord and the tenant, the rent of the building was enhanced to Rs. 1000.00 per month with effect from 1/01/1985. In January, 1987 the petitpetitioner filed an application before the House Controller for further enhancement of the rent. After enquiry, the House Controller by his order dated 15-6-1987 as contained in Annexure 3 fixed the monthly rent at Rs. 1700.00 per month. The tenant having failed in appeal before the Collector, as is evident from the order dated 24-11-1987 (Annexure 4), preferred a revision before the respondent-Commissioner. The Commissioner by his impugned order (Annexure 6) has fixed the rent at Rs. 1250.00 per month by holding that this is the maximum permissible rent, which can be fixed under Section 8(1)(c) of the Act.

(3.) Shri P. N. Singh, learned Advocate for the petitioner has assailed the impugned revisional order raising following two vital questions having a bearing on the construction and applicability of the provisions contained in Section 8(1)(c) of the Act: