OM PRAKASH LAL Vs. NIRMAL KUMAR JAIN

JUDGEMENT

(1.) The present writ petition has been preferred against the orders passed by learned Additional Munsif-II, Ranchi dated 6th july, 2010 (Annexure-3) as well as dated 4th October, 2010 (Annexure-6), whereby, the prayer made by the present petitioner, who is original plaintiff in Eviction Title Suit No. 1 of2008, for withdrawal of the rent deposited by the respondent-tenant.

(2.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the orders passedby learned Additional Munsif-II, Ranchi datedth July, 2010 (Annexure-3) as well as dated 4thOctober, 2010 (Annexure-6) for the following facts and reasons:

(3.) As a cumulative effect of the aforesaid facts and circumstances, I hereby quash and set aside the orders passed by learned Additional Munsif-II, Ranchi dated 6th July, 2010 (Annexure-3) as well as dated 4thOctober, 2010 (Annexure-6) to the extent which the prayer of the present petitioner for withdrawal of the amount of rent has been rejected. I hereby allow the prayer of the present petitioner, who is the original plaintiff in Eviction Title Suit No. 1 of 2008, to withdraw the amount of monthly rent at the rate of Rs. 4,000/- per month, which has been deposited by the respondent. So far as arrears of rent is concerned, which is deposited by the respondent, is also hereby permitted to withdraw, upon proper application before the trial court.