AJAY KUMAR SINGH @ AJAY SINGH Vs. RAKESH NARAYAN

JUDGEMENT

(1.) Heard the learned counsel for the parties. The petitioners, by way of filing this petition under Article 227 of the Constitution of India, has prayed for quashing the order dated 11.2.2011 passed by the learned Munsif, Palamau at Daltonganj in Eviction Suit No. 10 of 2009 whereby, the learned court below refused to accept the written statement filed on behalf of the defendant stating therein that defendant did not comply mandatory provision of Section 14(4) of the Jharkhand Buildings (Lease, Rent and Eviction) Control Act.

(2.) Learned counsel for the petitioner by referring order impugned dated 11.2.2011 submitted that the learned court below has failed to consider the suit as required to be considered under Section 11(1)(C) of the BBC Act. But instead of that, the learned court below has proceeded in view of Section 14(4) of the BBC Act and accordingly, the request made by the defendant has been rejected. Learned counsel for the petitioner-defendant has referred to and relied upon the judgment, 1985 PLJR 490 and by referring para 15 of the said judgment, submitted that the ratio laid down in this judgment is also applicable in the facts and circumstances of the present case.

(3.) As against this, learned counsel for the respondent submitted that the learned court below has not committed any illegality in passing the order impugned and therefore, the petition filed by the petitioner may be dismissed by this Hon'ble Court.