Ashok Kumar vs Ashok Kumar Sahay on 2 April, 2013

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Jharkhand High Court

Ashok Kumar vs Ashok Kumar Sahay on 2 April, 2013

Bench: P.P. Bhatt

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P.(C) No. 7693 of 2012

        Ashok Kumar                                           ....Petitioner
                                          Versus
       Ashok Kumar Sahay                                      ... Respondent
                                             --------

              Coram:     THE HON'BLE MR JUSTICE P.P. BHATT
                                     --------
        For the Petitioner    : M/s. O.P. Tiwari & A.K. Dubey, Advocates
        For the Respondent : Mr. Arvind Kr. Sinha, Advocate


 /2.4.2013

: Petitioner by way of filing the present writ petition under Article 227 of the Constitution of India has prayed for issuance of an appropriate writ/ order/ direction for quashing and setting aside the order dated 24.7.2012 passed in Eviction Suit No. 2 of 2009 by the learned Civil Judge, Jr. Divn.-II, of the civil court, Palamau at Daltonganj, whereby the learned court-below directed the petitioner to deposit Rs.400/- as the monthly rent in the civil court from the month of August, 2012.

Heard the learned counsel for the petitioner as well as respondent and perused the impugned order as well as other materials placed on record.

It appears that the learned court-below passed the order under Section 15 of the BBC Act and thereby, directed the petitioner to deposit the monthly rent at the rate of Rs.400/- in the civil court from the month of August, 2012. Considering the submissions made by the learned counsel for the parties before this Court, this Court is of the view that order passed by the learned court- below is required to be modified to the effect that in stead of Rs.400/- petitioner shall deposit Rs.300/- in the court-below as a monthly rent from the date of order passed by the learned court-below as well as the amount of arrears which is due and payable to the respondent is also required to be deposited in the court-below within a period of three months.

Learned counsel for the petitioner submitted that the learned court- below may be directed to consider the evidence produced on record regarding the monthly payment of rent paid by the petitioner at the time of hearing of the suit.

Since the evidence has been produced by the parties, which is on record, the learned court-below is expected to deal with and decide the case on merit after taking into consideration the oral as well as documentary evidence on record.

With the aforesaid observation and direction, this writ petition stands disposed of.

(P.P. Bhatt, J.) S.B.

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Jharkhand High Court