SUNIL KUMAR GAMI Vs. JOGENDRA MAHTO

JUDGEMENT

(1.) THIS Civil Revision application is directed against the order dated 16.8.20202 passed by the Subordinate Judge, I, Darbhanga in Title Execution Case No.3 of 2001, whereby it held that the execution case is not maintainable.

(2.) SHORT facts giving rise to the present application are that the landlord-petitioner had let out a shop at Hospital Road, Laheria Sarai, Darbhanga to the tenant opposite party on monthly rental of Rs.150/. In the said shop, the tenant was running a medicine shop. The landlord filed application under Section 5 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 for determination of fair rent.

(3.) THE matter came up for consideration before a learned Single Judge, who finding conflict of opinion between the judgments of the learned Single Judge in the case of Md. Khaliquz Zaman Vs. Shri H.C.Joshi 1999 (1) PLJR 362 and in the case of Hardeo Prasad Vs. Depot Manager, Biscomaun Hilsa and others AIR 1997 Patna 137, directed the matter to be heard by a Division Bench. Accordingly, the application has come up for consideration before us.