ANAND MOHAN BORAL Vs. BILAS BIHARI LAL

JUDGEMENT

(1.) Both these Civil Revision Applications, which have been heard together and involve identical questions, are being disposed of herewith.

(2.) The relevant facts, briefly stated, are that the petitioner has got a building consisting of various shop rooms on Hospital Rd. in the town of Daltonganj. Two contiguous shop rooms of the above building were let out to the opposite party under two separate leases, each for a fixed period of 11 months beginning from the 1st July 1969 to 31st May, 1970, on certain rents. Some time after the expiry of the period of the aforesaid leases, the petitioner filed two applications in the court of the Munsif, Daltonganj under Section 12 (3) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, for eviction of the opposite party from each of the two shop rooms. A claim for damages was also made, but we are not concerned with the same in these applications.

(3.) The opposite party filed objections and one of the points raised by him in both the cases was that the application was not maintainable, inasmuch as, in this case recourse to the provisions of Section 12, Sub-sections (1) and (2) of the Act was not resorted to. Objections on various other grounds were also taken, but they are beside the point.