DEO NARAYAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE landlords Deo Narayan Choudhary and his nephew Chandra Prakash are before us as appellants aggrieved by order dated 9th February, 1998 passed in C.WJ.C. No. 7955 of 1996.

(2.) THE dispute has had many rounds between the landlords, the appellants and the tenants, the respondents. A brief background may be noted.

(3.) IT is stated by the appellants that appellant no. 1 being a retired Government servant served a notice on lessee for vacation of the house in question but the same was not vacated. Therefore, with the intention to put pressure on the tenant instead of taking recourse to an eviction proceeding decided to move the House Controller for fixation of fair rent. It may be pointed out that the landlord in the year 1983 had got a fair rent fixed by the House Controller at Rs. 3,186/ - per month with effect from 1.4.1981. However since they were no takers of the house at the fair rent fixed, the appellants decided to lease out the premises to the mother of respondent nos. 5 to 7 at a lessor rent of Rs. 2600.00 per month only.