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2001 DIGILAW 463 (JHR)

Bishnu Kumar Choubey v. Shanti Devi

2001-07-17

GURUSHARAN SHARMA

body2001
JUDGMENT Gurusharan Sharma, J. 1. Since common question is involved in these two revision applications and parties are the same, they have been heard together and are disposed of by common judgment. 2. Shanti Devi filed Title (Eviction) Suit Nos. 101 and 103 of 1993 against Bishnu Kant Choubey and Binod Kumar Choubey under the provision of Bihar Buildings (Lease, Rent and Eviction) Control Act. 1982 for eviction from the suit premises bearing holding Nos. 204 and 205 (old corresponding to 126 and 127 new, respectively). 3. The defendant denied relationship of landlord and tenant and claimed his independent title over both the suit premises. 4. In both the suits, plaintiff filed separate applications under Section 15 of the said Act, which were rejected by the trial Court. 5. Plaintiff preferred Civil Revision Nos. 205 and 217 of 1908 (R) in this Court. Civil Revision No. 205 of 1998 (R) was disposed of on 29.1.1999 and Civil Revision No. 217 of 1998 (R) was disposed of on 12.2.1999. This Court directed the trial Court to consider the applications under Section 15 of the said Act afresh and pass appropriate orders in accordance with law on the materials brought on record. 6. By order dated 30.6.1999 passed in both the suits, separately, trial Court allowed the applications under Section 15 of the Act and directed the tenant to deposit arrears as well as current rent. It was found that prima facie, there was relationship of landlord and tenant between the plaintiff and the defendant. Accordingly, in Title (Eviction) Suit Nos. 101 of 1993 and 103 of 1993. defendant-petitioner was directed to deposit the rent respectively at the rate of Rs. 80/- and 50/-per month. Trial Court has already taken precaution in the impugned orders that it has not allowed the plaintiff to withdraw the said amount till disposal of the suits. 7. It appears that while admitting the revision applications, this Court had stayed operation of the impugned order dated 30th June. 1999. In such circumstance, defendant-petitioner is permitted to deposit the arrears of rent till July 2001, within two months and current and future rent from August. 2001 onwards by 15th day of each succeeding month. 8. These revision applications are disposed of with the aforementioned observations/directions. There shall be no order as to costs. 9. Revision application disposed of.