BASANT PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This case is taken up through video conferencing.

(2.) The present writ petition has been filed for quashing the order dtd. 8/3/2021 passed by the Commissioner, South Chotanagpur Division, Ranchi-respondent no.2 in Ranchi JBC Revision Case No.25/2019, whereby the said revision case filed by the petitioner has been dismissed and the order dtd. 23/9/2019 passed by the Deputy Commissioner, Ranchi- respondent no.3 in JBC Appeal No.74R- 15/2016-17 as well as the order dtd. 30/9/2016 passed by the Rent Controller-cum-Sub Divisional Magistrate, Sadar, Ranchi- respondent no.4 in JBC Case No. 32/2015 have been affirmed.

(3.) The factual background of the case, as stated in the writ petition, is that Shop no.1, Ground Floor, Kashmir Vastralaya Complex, Municipal Holding Nos.670 & 671, Ward no.14 within Ranchi Municipal Corporation, Situated at Main Road, P.S - Lower Bazar, District - Ranchi (hereinafter referred as the said shop) was leased in favour of the petitioner by the respondent no.5. The respondent no.5 initially filed JBC Case No.32/2015 under sec. 19(1)(a)(c)(d) and (e) of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 (hereinafter to be referred as ' the Act, 2011') before the respondent no.4, praying inter alia, to evict the petitioner from the shop premises and to hand over the vacant possession of the same to it and further to pass a decree of arrears of rent amounting to Rs.2,52,000.00 plus Rs.1,47,000.00 for the period from August , 2010 to 1/5/2015 as well as mesne profits by way of penalty @ Rs.500.00 per day with effect from 1/8/2013 onwards till the actual payment. The respondent no.5, however, further prayed that since the Act, 2011 itself bars the claim of arrears of rent beyond a period of previous three years, hence the claim of arrears of rent was made only for the period from May, 2012 to April, 2015 along with mesne profits by way of penalty as stated above and the cost of the suit. The respondent no.4 issued notice to the petitioner and pursuant to the said notice, he appeared and filed written statement stating therein that the suit was not maintainable in the said form. The respondent no.4 allowed the case in favour of the respondent no.5 vide order dtd. 20/7/2015, directing the petitioner to handover vacant possession of the said shop to the respondent no.5 within 15 days. The petitioner challenged the said order before the respondent no.3 by filing an appeal being JBC Appeal No.21R-15/2015-16 which was allowed vide order dtd. 23/9/2015 and the case was remanded to the respondent no.4 to pass a fresh order on the basis of evidences brought by both the parties. The respondent no.4 again passed the order dtd. 30/9/2016 for eviction of the petitioner under sec. 19(1)(d)(e) and for payment of arrears of rent for three years amounting to Rs.2,52,000.00 under sec. 27 of the Act, 2011 and damage charge @ Rs.500.00 per day according to the lease deed was also directed to be paid in addition to the monthly rent until handing over the vacant possession of the premises in question to the respondent no.5. Being aggrieved with the said order, the petitioner preferred an appeal under Sec. 36 of the Act, 2011 before the respondent no.3 being JBC Appeal No.74 R 15/2016-17. In the meantime, the respondent no.5 filed execution case being M.P. Case No.6 of 2017 before the respondent no.4 for execution of order dtd. 30/9/2016 passed in JBC Case No. 32 of 2015. The respondent no.3 after hearing the parties dismissed the said appeal on 23/9/2019, upholding the order passed by the respondent no.4.Thereafter, the petitioner filed revision being Ranchi JBC Revision Case No.25/2019 before the respondent no.2 which was also dismissed and the orders passed by the respondent nos.3 and 4 were affirmed. Hence, the present writ petition.