BIRENDRA KUMAR SINGH Vs. GURUNAM SINGH

JUDGEMENT

(1.) This writ application has been filed against the order dated 11.03.2008 (Annexure-3) passed in Eviction Suit No. 8 of 2007 by learned Munsiff, Ranchi, whereby learned Court below has allowed the application filed by plaintiff/ respondent under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 and directed the petitioner to deposit the rent from January, 2005 to May 2005 at the rate of Rs. 200/- per month and thereafter at the rate of Rs. 5208/- per month as fixed by the Rent Controller and has also directed petitioner to deposit current rent at that rate.

(2.) Sri V.P. Singh. learned senior counsel appearing for the petitioner assailed the aforesaid order on the ground that as per Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act. a tenant is liable to pay rent at the rate last paid by him, but the Court below has asked the petitioner to deposit rent at a higher rate which was fixed by the Rent Controller. It is submitted by Sri Singh that it is well settled that higher rent fixed by the Rent Controller cannot be ordered to be deposited in an application filed under Section 15 of the Bihar Building [Lease, Rent and Eviction) Control Act. He relied upon two judgments i.e. 1977 BBCJ 662 (FB) and 1985 PLJR 444.

(3.) On the other hand, Sri Prashant Pallava, learned counsel appearing on behalf of respondent submitted that in view of judgment the Court has power to direct the tenant to deposit rent fixed by the Rent Controller.