SUMAN SAMANTA Vs. URMILA DEVI

JUDGEMENT

(1.) <DJG>SHREE CHANDRASHEKHAR,J.</DJG> Aggrieved by order dated 10.07.2014 in Eviction Suit No. 01 of 2004 whereby, the application under Sec. 15 of Jharkhand Building (Lease, Rent and Eviction) Control Act, 2000 has been dismissed, the present writ petition has been filed.

(2.) Heard the learned counsel for the petitioner and perused the documents on record.

(3.) Mr. A. K. Das, the learned counsel for the petitioner submits that under Sec. 15 of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2000 the Court can make an order for payment of fair rent fixed by the House Rent Controller during the pendency of the Eviction Suit. Referring to decision in "<B>Sashadhar Das Vs. Harihar Prasad and Others" 1974 BLJR 531</B> and the decision in "<B>Sobrati Rangrej Vs. Ganga Prasad" 1960 BLJR 661</B>, the learned counsel for the petitioner submits that the fair rent fixed by the Controller would prevail over the rent fixed by agreement and therefore, the Court can direct the tenant to deposit the fair rent fixed by the Controller.