MANDIR MAHAVIR MANDIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Upon notice to the respondents, this application is being disposed of at the admission stage itself after hearing the parties and considering the counter-affidavit filed on behalf of the respondents.

(2.) By this application, the petitioners have prayed for quashing that part of the order dated 16-8-1993 (Annexure 6) passed by respondent No. 2 by which the interim order granted by the Deputy Commissioner, Ranchi, (respondent No. 3-the appellate authority) as contained in Annexure 5, has been stayed.

(3.) It appears that petitioner No. 1 is a landlord and respondent No. 5 is the tenant under petitioner No. 1. Respondent No. 5 was inducted as tenant in the year 1966 on a monthly rental of Rs. 200 per month, which was extended from time to time and in the year 1982, the rental was fixed at Rs. 700 per month, and respondent No. 5 was paying the rent. The petitioners filed an application before the Controller under the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter to be referred to as 'the Act' for short) for fixation of fair rent inter alia, on the ground that the total area in occupation of respondent No. 5 is about 13,216 Sq. Ft. and respondent No. 5 is using the building for his commercial purpose and is manufacturing tiles and other building materials. The rent so fixed to the respondent No. 5 was too low as the rent liability in which the building premises situated it. not less than Rs. 5 per Sq. Ft.