BINAY KUMAR PODDAR Vs. BHAMAR LAL MAHARAJ

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY the impugned order dated 21.8.95 passed in Title (Eviction) Suit No. 2/93, the learned court below rejected the application filed by the Plaintiff -Petitioner under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter to be called 'Act') and refused to give a direction to the Defendants - -O.Ps. to deposit monthly rent in the manner provided under the provision of the said Act.

(3.) FOR the reasons aforesaid, the civil revision application is allowed and the impugned order dated 21.8.95 passed in Title Suit No. 2/93 is set aside. The learned Munsif is directed to pass a fresh order after recording the prima facie finding with regard to the existence of relationship of Land -lord and tenant and the rate of rent last paid by the Defendants to the Plaintiff -Petitioner. It is made clear that an application under Section 15 of the Act cannot be rejected on the ground that the Defendants are poor persons or poor Brahmins. If a prima facie case of relationship of Landlord and tenant is established, then the court below has no option but to pass an order in the manner provided under Section 15 of the said Act. This civil revision application is, thus, disposed of with the aforementioned directions and observations.