PUSPA DEVI Vs. UDAI KUMAR RAJGARIA

JUDGEMENT

(1.) This writ petition has been filed under Article 227 of the Constitution of India for quashing order dtd. 2/7/2013 passed by Civil Judge (Sr. Div.)-V, Dhanbad in Title (Eviction) Suit No. 03 of 1998 on the petition filed by plaintiffs (respondents herein) under Sec. 15 of the Jharkhand Building (Lease, Rent and Eviction) Control Act, by which it was held the defendant-original writ petitioner is liable to pay the rent at the rate of agreed rate i.e. Rs.1908.00 per month for all shops and further directed to deposit the arrear rent @ Rs.1908.00 per month from the month of December, 1994 till date with further direction to deposit current rent of every month at the same rate by 15th of succeeding month, as the defendant had raised objection regarding the status of the plaintiffs as his landlord, which is to be decided in the suit, it was ordered that the said deposited rent shall not be withdrawn till disposal of the suit or any other order passed by this Court; and also for quashing order dtd. 24/8/2013 by which defence of the petitioner has been struck off.

(2.) The brief facts of the case, as per the pleadings made in the writ petition read as under:

(3.) Mr. J.K. Pasari, learned counsel for the petitioner taking aid of judgment rendered in the case of Mohammad Imteyaz Ahmad Vs. Abdul Quayum [(2003) 2 JCR 145], wherein it has been alleged that before passing order under Sec. 15 of the Act, the trial Court ought to have recorded a prima facie finding with respect to relationship of landlord and tenant has submitted that since such finding has not been recorded, the order passed by trial Court is not sustainable in the eyes of law.