RAM ASHRAY SINGH Vs. RAM CHANDAR PRASAD

JUDGEMENT

(1.) This civil revision application by the defendants-petitioners is directed against the order dated 1-12-98 passed by Sub-Judge, 1st Court, Bokaro at Chas in Title (Eviction) Suit No. 2/97 whereby he has allowed the application filed by the plaintiffs/ opposite parties under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act (hereinafter referred to as the B.B.C. Act) and directed the petitioners to deposit the arrears of rent from December 1995 till the date of passing of the order at the rate of Rs. 250.00 per month for each of the plaintiffs.

(2.) Plaintiffs-opposite parties instituted the aforesaid suit claiming a relief of eviction of the defendants-petitioners from the tenanted premises as described in schedule of the plaint and also for a decree for realisation of arrears of rent.

(3.) Plaintiffs' case, inter alia, is that plaintiff Nos, 1 and 2 are the own brothers and plaintiff Nos. 3 and 4 are own brothers. They jointly purchased 22 decimals of land of different plots and were put in possession of the same. The plaintiffs also purchased 2 decimals of land through different sale-deeds. Their further case is that they jointly divided among themselves the entire land together with passage whereby plaintiff No. 1 was allotted front portion of the land facing P.W.D. road and plaintiff No. 2 was allotted rear portion of the premises. Similarly, plaintiff Nos. 3 and 4 were allotted rear portions. Thereafter, plaintiff Nos. 1 and 2 and plaintiff Nos. 3 and 4 jointly got their building plan sanctioned for the construction of a commercial-cum-residential complex. Plaintiffs' further case is that defendant No. 2 and one Abdul Sattar Ansari have been let out 130' of land in length from north to south and 62' in width from east to west from. Plaintiff Nos. 1 and 3 and further two rooms on payment of rent of Rs. 500.00 per month for the vacant portion of land, and Rs. 111.00 per month for two rooms constructed of bricks having Asbestos sheets by agreement dated 3-2-86. The details of the land together with rooms let out to the defendants has been described in the Schedule-B of the plaint. It is alleged that the defendants defaulted in payment of rent.