BHANWAR LAL Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) In this writ petition filed under Arts. 226 & 227 of the Constitution of India, the petitioner has prayed for quashing the order dt. 02.02.2011 (Annexure-5) passed by Civil Judge (JD) Judicial Magistrate First Class, Sri Doongargarh and further prayed that the application (Annexure-3) filed by the petitioner may be allowed.

(2.) As per facts of the case, the respondent plaintiff filed a suit against the petitioner defendant for recovery of rent of Rs. 5600/- so also for eviction from the shop situated in Rani Bazar at Sri Dungargarh. When above suit came up at final stage, then, an application under Sec. 114 of Transfer of Property Act read with Section 151 CPC was filed by the petitioner in which it is prayed that the suit has been filed for eviction on the ground of arrears of rent and a per provision of Section 114 of Transfer of Property Act, if lessee pays or tenders to the lessor the rent and arrear, together with interest thereon and his full costs of the suit, or gives such security as the Court thinks sufficient for making such payment within fifteen days, the Court may, in lieu of making a decree for ejectment, pass an order relieving the lessee against the forfeiture; and thereupon the lessee shall hold the property leased as if the forfeiture and not occurred.

(3.) Learned counsel for the petitioner submits that petitioner is ready to comply with Section 114 of Transfer of Property Act, therefore, the suit may be dismissed. A reply to the application filed under Sec. 114 of Transfer of Property Act was filed by the respondent in which it is submitted that the suit has not been filed for arrears of rent only but has been filed after terminating tenancy while sending notice under Sec. 106 of Transfer Property Act, for eviction, therefore, Section 114 of Transfer of Property Act does not apply in the facts of present case.