HARI NARAYAN DEO Vs. MD.AKHTAR

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the order dated 6th December, 2008 passed by learned Additional Munsif, Hazaribagh in Eviction Suit no. 2 of 2000, whereby learned Munsif has rejected the application filed under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act (hereinafter to be referred as the 'Act'), holding that a fresh order under Section 15 of the Act cannot be passed.

(2.) THE brief facts of the case is that the plaintiff -petitioner filed second petition dated 8th July, 2008 for a direction on the defendant -respondent to deposit the arrears of rent since April, 1998, as well as the current rent and future rent at the rate of Rs. 1,000/ - per month as was fixed by the House Rent Controller by order dated 16th June, 1998.

(3.) THE plaintiff had filed second petition under Section 15 of the Act, whereby he had prayed for a direction on the defendant -tenant to deposit monthly rent @ of Rs. 1,000/ - per month. The plaintiff claimed that the said rate of rent was fixed by the House Rent Controller by order dated 16th June, 1998 i.e. much before the order dated 4th October, 2004 passed by learned court below under Section 15 of the Act.