MEWALAL SAH Vs. SHAYAMA DEVI

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS writ application is directed against the order, as contained in annexure 6 dated 8.2.1989, whereby and whereunder the revision filed by the petitioner against the order of the Rent Controller under the provisions of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982 (hereinafter to be referred to as "Act") and the order passed by the appellate authority has been dismissed.

(3.) LEARNED counsel for the petitioner submitted that the Rent Controller did not exercise his power in accordance with the Act and Rules framed thereunder and in a most arbitrary manner, he fixed the rental of the premises to Rs. 1000/ -, though initially the petitioner was paying Rs. 105/ - per month. Learned counsel tried to impress upon the Court that proper inquiry was not held, inasmuch as the matter was not enquired into by the Rent Controller himself and proper assessment of the rental payable by other than commercial establishments of the same vicinity was not properly made. Learned counsel also raised the question about the locus of respondent no. 1, as he did not file any revision against the appellate order and cross -objection filed by respondent no. 1 aforesaid was not maintainable under section 26 of the Act read with Rule 7. of the Rules.