SHAHID AHMAD Vs. ALIMUN NISA

JUDGEMENT

(1.) Heard the learned counsel for the parties. The present petition has been filed under Section 227 of the Constitution of India for quashing and setting aside the order dated 21.5.2011 (Annexure-5) passed by the learned Subordinate Judge-VI, Dhanbad in Title (E) Suit No. 96/2011 whereby, the learned trial Court has passed an order under Section 15(1) of the Jharkhand Buildings (Lease, Rent & Eviction) Control Act, 2000 (hereinafter referred as the Act for the purpose) for striking off the defence of the petitioner and also for quashing the order dated 12.9.2011 (Annexure-7) whereby the prayer of the petitioner for recalling the order dated 21.5.2011 has been rejected.

(2.) Short fact of the case is that a Title Eviction Suit No. 96/2001 was filed by the Respondent/Plaintiff for eviction of the Petitioner/Defendant. In the said suit an application u/s 15 of the Jharkhand Buildings (Lease, Rent and Eviction) Control Act was filed by the Respondent/Plaintiff and the same was allowed by the Additional Munsiff-IInd, Dhanbad and the petitioner was directed to deposit the arrear of rent @ 150/- per month from August 2001 to January 2006 within 15 days and further directed to deposit current rent @ Rs. 150/- per month by 15th day of next following month.

(3.) Learned counsel for the petitioner by referring Annexure-6 i.e. by referring the Calendar for the year 2010 it is submitted that the Court was closed due to Dipawali holidays from 5th November, 2010 to 17th November, 2010 and it was open on 18th November, 2010 and the rent was deposited on the very opening day i.e. on 18.11.2010 and therefore, it cannot be said that there was willful default on the part of the petitioner in making the payment of rent.