REMI AM. DAVID Vs. SHYAM SUNDER PRASAD

JUDGEMENT

(1.) Heard the learned counsel for the parties and I intend to dispose of the instant petition at the stage of admission itself.

(2.) The present petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 15/4/2023 passed by the learned Munsif, Bettiah in Eviction Suit No. 01 of 2020, whereby and whereunder the learned Munsif, Bettiah has rejected the petition filed by the petitioner under Sec. 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the BBC Act').

(3.) Learned counsel for the petitioner submits that the petitioner is plaintiff before the learned trial court and has filed Eviction Suit No. 01 of 2020 for decree of eviction against the Patna High Court C.Misc. No.695 of 2023 dt.6/2/2024 defendant/respondent and had also prayed for handing over the possession of the suit property apart from payment of arrears of rent. The respondent is the tenant and an agreement was executed between the petitioner and respondent on 1/6/2019 and it was agreed that the defendant would pay monthly rent @ Rs.3,000.00 per month apart from electricity bill. The respondent paid the rent to the plaintiff till 30/11/2019 and thereafter stopped the payment of rent since December, 2019. The respondent also violated the terms of agreement. After expiry of lease period on 1/4/2020, notice was given to the respondent to vacate the premises, but the respondent did not vacate the premises and thereafter eviction suit was filed by the plaintiff/petitioner. Learned counsel further submits that after notice, the defendant appeared before the learned trial court and filed his written statement denying the title of the plaintiff and relationship of landlord and tenant. The respondent claimed that an agreement to sale was executed by the petitioner in favour of the respondent on 10/6/2019 and the consideration amount was Rs.80,000,00.00 (eighty lacs) out of which the respondent paid Rs.65,00,000.00 (sixty five lacs) on different dates. As the petitioner refused to execute the sale deed in faovur of the respondent, the respondent filed Title Suit No. 254 of 2022 for specific performance of contract. The defendant further claimed that as per deed of Patna High Court C.Misc. No.695 of 2023 dt.6/2/2024 agreement there was no relation of tenant and landlord between the parties.