INDU DEVI Vs. HEMAND KUMAR PODDAR

JUDGEMENT

(1.) The present petition is filed under Article 227 of the Constitution of India for issuance of an appropriate writ/order/direction for quashing and setting aside the order dated 24.1.2011 passed by the learned Sub-Judge-IXth, Ranchi (Annexure-5) in Eviction Title Suit No. 13 of 2008, whereby the prayer of the Respondent (original plaintiff) made under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 has been allowed directing the petitioner to pay a sum of Rs. 8,34,000/- as arrears of rent from the month of June, 1999 to December, 2011 i.e. for a total of 139 months and to pay Rs. 6,000/- per month as monthly rent from January, 2011. Heard the learned counsel for the petitioner as well as the learned counsel for the Respondent.

(2.) Perused the impugned order passed by the court below.

(3.) On perusal of the impugned order, it appears that the court below has passed an order for recovery of arrears of rent from June, 1999 till the realization of the amount. It appears that the Title Suit was filed on 17.12.2008. Therefore, in view of the provisions as contained in Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, the court below has not properly considered the provision as contained therein, which provides that the provision contained therein, is a subject to law of limitation. Despite this fact, the court below has passed an order for recovery of rent from June, 1999 though, the suit was filed in the year 2008. Therefore, apparently, it appears that the court below has committed an error while passing the said order. So far as the issues with regard to relationship of landlord and tenant and determination of rent are concerned, the learned counsel for the petitioner and the learned counsel for the Respondent have submitted their arguments in detail and cited various judgments in support of their contentions.