RANJIT SINGHA Vs. GHULAM RABBANI ALIAS GULAMAHMAD

JUDGEMENT

(1.) I .A. No. 5492 of 2005 has been filed for condoning the delay in filing Civil Revision application.

(2.) FOR the reasons stated in the petition for condonation of delay, the delay in filing Civil Revision application is condoned.

(3.) ON behalf of the Defendant -petitioner, it is submitted that the impugned order though is an order in terms of Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, hereinafter referred to as the Act, it is wholly without jurisdiction inasmuch as before a Court gets jurisdiction to pass an order for deposit of rent/arrears of rent, it is required to give prima facie finding as to the existence of landlord tenant relationship. With reference to the impugned order it is stated that defence of the defendant was that land had been made available to him on which he had himself constructed the shop in question. Accordingly, he was merely a licensee and not a lessee and no landlord tenant relationship existed. On the other hand, the plaintiffs -Opposite party 1st set submits that they had purchased the shop alongwith land and, as such, the defendant was their tenant.