PARWATI DEVI Vs. SITA RAM MEHTA

JUDGEMENT

(1.) The petitioner who is defendant in Eviction Suit No. 12 of 2008 is aggrieved of order dated 13.03.2012 by which application under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 has been allowed.

(2.) The contention raised on behalf of the petitioner is that the application under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 cannot be allowed on mere assertion of the plaintiffs that the defendant-tenant has failed to pay rent.

(3.) Mr. Ajit Kumar, the learned counsel for the petitioner submits that not only the plaintiffs have failed to produce prima-facie evidence on default of payment of rent by the tenant, the trial Judge has failed to consider the effect of the agreement between the parties under which the plaintiffs agreed to sell the suit premises for which the defendant-tenant has paid Rs. 1 Lac as advance.