KRISHNA KUMAR SHARMA Vs. ABHA UPADHYAY

JUDGEMENT

(1.) THE petitioner by way of the present petition under Article 227 of the Constitution of India has prayed for issuance of an appropriate writ/order/direction for quashing and setting aside the order dated 17th February, 2005 (Annexure -5) passed by the learned court of Munsif, first, Court, Dhanbad in Title (E) Suit No. 26 of 2003, whereby the petitioner has been directed to deposit the rent of the tenanted premises in question at the rate of Rs.500/ - per month since the institution of the said suit till January, 2005 within 15 days of the order and it has further been ordered to deposit the current rent of every month in the Court at the rate of Rs.500/ - per month within 15 days of every succeeding month. The court below has also passed an order that the deposited rent shall not be withdrawn by the respondent till the disposal of the suit as after the disposal of the suit, the rightful owner of the suit shall get the deposited rent.

(2.) HEARD the learned counsel for the petitioner as well as the respondent.

(3.) THE learned counsel for the petitioner by referring the impugned order submitted that the court below has not properly considered the contentions raised by the present petitioner in the court below with regard to the relationship of landlord and tenant in the instant case. It is further submitted that it is one of the requirements, while dealing with an application under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (in short, the Act) that the court below shall consider and form its tentative opinion regarding the relationship of landlord and tenant. In the instant case, though specifically, this point was raised before the court below, but the court below has not properly appreciated this point and thereby, passed the impugned order directing the petitioner to deposit the rent at the rate of Rs.500/ - per month.