RAVI RANJAN JAISWAL Vs. SHAILENDRA CHOWDHRY

JUDGEMENT

(1.) Heard Mr. Abhay Kumar Thakur, learned counsel for the petitioner and Mr. Ramesh Kumar Agrawal, learned counsel for the respondent.

(2.) This application under Article 227 of the Constitution of India has been filed by the defendant-petitioner for quashing the order dated 01.12.2018 passed by the learned Sub-Judge-1 (East), Muzaffarpur in Eviction Suit No.27 of 2014 whereby the learned Sub-Judge has allowed the application dated 04.10.2018 of the plaintiff- respondent and accordingly directed the defendant-petitioner to pay arrears of rent since December, 2011 to April, 2016.

(3.) Mr. Abhay Kumar Thakur, learned counsel appearing for the petitioner submitted that the court below has erred in law in passing the impugned order mechanically without application of judicial mind. It has exercised its jurisdiction not vested in it and has failed to exercise jurisdiction so vested in it in law. He has further contended that the impugned order, if allowed to continue, would serious cause prejudice and irreparable loss to the petitioner.