RAM BALI PRASAD Vs. PRADEEP KUMAR MANDAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE plaintiff who is the sole plaintiff in Title Eviction Suit No. 4/97 has challenged the order of the learned Munsif Katihar, dated 21.9.2000 by which his petition under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as 'the Act for the sake of brevity) has been rejected. In the said suit eviction has been sought on the ground of default in the payment of rent by the defendant since July, 1996.

(3.) THE learned counsel for the plaintiff -petitioner submits that the learned court below has rejected his petition under Section 15 of the Act only on the ground that he is one of the three co -owners and hence his petition under Section 15 of the Act was not maintainable. According to him, the said conjecture and assumption of the learned court below was against the specific provision of law and judicial pronouncements. He also contended that the learned court below has not at all considered the materials on record which clearly proved his case.