SATENDRA PAL KUMAR Vs. STATE OFJHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 15/1/2025 (Annexure-8 to the writ petition) passed by the respondent no. 2 the Commissioner, North Chotanagpur Division, Hazaribagh-cum-the Revisional Authority under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 in Eviction Revision Case No. 51 of 2023 in terms of which the revision preferred by the petitioner against the order dtd. 12/5/2023 (Annexure-7 to the writ petition) passed by the respondent no. 3 the Deputy Commissioner, Koderma in Eviction Appeal No. 160 of 2022 has been dismissed. Further prayer has been made for quashing the order dtd. 12/5/2023 passed by the respondent no. 3 in Eviction Appeal No. 160 of 2022, whereby the eviction appeal filed by the petitioner was dismissed, affirming the order dtd. 7/10/2022 (Annexure-6 to the writ petition) passed by the respondent no. 4 the Sub-Divisional Magistrate-cum-House Controller, Koderma in JBC Case No. 04 of 2021. The petitioner has also prayed for quashing the order dtd. 7/10/2022 passed by the respondent no. 4 in JBC Case No. 04 of 2021, whereby the petition filed by the respondent no. 5 seeking eviction of the petitioner was allowed.

(2.) Learned counsel for the petitioner submits that the petitioner and the father of the respondent no. 5 entered into a rent agreement with effect from January, 2012 on the basis of which the petitioner opened a cloth shop in the tenanted premises situated over Plot No. 7534, Khata No. 390, Mouza-Tilaiya, Thana No. 244, Ward No. 15 under Jhumri Tilaiya Nagar Parishad, Holding No. 169, District-Koderma. After death of the father of the respondent no. 5, a fresh rent agreement was entered between the petitioner and the respondent no. 5 on 28/1/2017 for a period of five years from 1/1/2017 to 31/12/2021.

(3.) It is further submitted that the respondent no. 5 was in urgent need of money and, therefore, he entered into an agreement of sale dtd. 14/2/2016 with the petitioner with intention to sell the tenanted shop. Thereafter, the total consideration amount was fixed as Rs.21,00,000.00 out of which an amount of Rs.18,00,000.00 was paid to the respondent no. 5 and remaining amount of Rs.3,00,000.00 was agreed to be paid to him at the time of registration of the sale deed in favour of the petitioner. It was further agreed that if the respondent no. 5 failed to execute the sale deed in favour of the petitioner, he would return the received amount to the petitioner with interest on prevailing bank rate within a period of four years (48 months). It was also agreed that if the respondent no. 5 failed to return the said amount, then the petitioner would be at liberty to use the said premises by adjusting the amount in the monthly rent. It was also stipulated in the said agreement that in the case of returning the received amount in a lumpsum by the respondent no. 5, the petitioner would vacate the shop as per the willingness of the respondent no. 5.