Patna High Court - Orders
Sri Lakhanlal Sah & Ors vs Sri Vijay Kumar & Ors on 22 July, 2014
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12328 of 2010
======================================================
1. Sri Lakhanlal Sah S/O Late Badri Sah R/O Mohalla- Machhuatoli Arya
Kumar Road, P.S. Kadam Kuan, District And Town Patna
2. Smt. Kaushalya Devi W/O Sri Lakhanlal Sah R/O Mohalla- Machhuatoli
Arya Kumar Road, P.S. Kadam Kuan, District And Town Patna
3. Sri Bijay Kumar S/O Sri Lakhanlal Sah R/O Mohalla- Machhuatoli Arya
Kumar Road, P.S. Kadam Kuan, District And Town Patna
.... .... Petitioners.
Versus
1. Sri Vijay Kumar S/O Late Mahangu Ram R/O Mohalla- Langartoli, Kali
Mandir Paddu Lane, P.S. Kadam Kuan, Patna-800004
2. Sri Binay Kumar S/O Late Mahangu Ram R/O Mohalla- Langartoli, Kali
Mandir Paddu Lane, P.S. Kadam Kuan, Patna-800004
3. Most. Lalti Devi W/O Late Sidheshwar Prasad R/O Mohalla- Langartoli,
Kali Mandir Paddu Lane, P.S. Kadam Kuan, Patna-800004
4. Sri Umesh Kumar S/O Late Sidheshwar Prasad R/O Mohalla- Langartoli,
Kali Mandir Paddu Lane, P.S. Kadam Kuan, Patna-800004
5. Sri Pradeep Kumar S/O Late Sidheshwar Prasad R/O Mohalla-
Langartoli, Kali Mandir Paddu Lane, P.S. Kadam Kuan, Patna-800004
6. Sri Sonu Kumar S/O Late Sidheshwar Prasad R/O Mohalla- Langartoli,
Kali Mandir Paddu Lane, P.S. Kadam Kuan, Patna-800004
.... .... Respondents.
======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
6 22-07-2014Counter affidavit is filed on behalf of the respondent.
Heard learned counsel for the petitioners as well as learned counsel appearing for the respondents.
Ref: I.A. No. 8002 of 2011 Petitioners have filed the aforesaid interlocutory application, mentioning this fact that petitioner No. 1 died on 27- 08-2011, leaving behind his legal heirs who are already on record and, accordingly, it is prayed that the name of petitioner No. 1 be expunged from this petition.
Patna High Court CWJC No.12328 of 2010 (6) dt.22-07-20142/4
Counter affidavit to the aforesaid interlocutory application filed on behalf of the respondents, reveals that the petitioner No. 1 died, leaving behind his four sons, three daughters and widow.
Learned counsel for the petitioners submits that as a matter of fact, except petitioner Nos. 2 & 3, the other legal heirs of petitioner No. 1 do not have any interest and concern with the disputed property and only petitioner Nos. 2 & 3 have been substituted in place of petitioner No. 1 in the court below and respondents never raised any objection against the aforesaid substitution. It is further contended by him that as a matter of fact, the respondents have raised this point before this court just only to delay the disposal of this writ petition.
The interlocutory application No. 8002 of 2011 stands disposed off with direction that the name of petitioner No. 1 be expunged from this petition.
Petitioners have prayed for issuance of writ for quashing the order dated 13-04-2010 passed by Subordinate Judge-III, Patna in Eviction Suit No. 10 of 2009 by which and whereunder, he partly allowed the petition filed u/S 15 of Bihar Building (Lease, Rent & Eviction) Control Act, 1982 and directed the respondents to deposit the entire arrears of rent at the rate of Patna High Court CWJC No.12328 of 2010 (6) dt.22-07-2014 3/4 RS 250/- till the date of order from the date of filing of suit within 30 days and also to pay the further rent month-to-month at the same rate.
Admittedly, when the impugned order dated 13-04- 2010 was passed, BBC Case No. 14 of 2006 was pending before the Collector, Patna against the order of fixation of fair rent but the aforesaid appeal has already been disposed off by Collector, Patna vide order dated 10-01-2014 affirming the order dated 16-01- 2008 passed by House Controller-cum-SDO, Patna in BBC Case No. 14 of 2006 by which, he fixed the rent at the rate of Rs 2343.60 per month of the disputed premises.
From perusal of the impugned order, I find that the learned Subordinate Judge-III, Patna refused to direct the respondents to make payment of arrears of rent as well as deposit of rent of suit premises at the rate of Rs 2343.60 per month, as fixed by House Controller on the ground of pendency of BBC Case No. 14 of 2006 but admittedly, the aforesaid appeal has already been disposed off affirming the order of House Controller.
Now it is well settled principle of law that fair rent, as fixed by House Controller shall be deemed to be rent, last paid and according to Section-15 of BBC Act, 1982, the tenant is bound to make payment of last rent paid during the pendency of Patna High Court CWJC No.12328 of 2010 (6) dt.22-07-2014 4/4 the suit. Therefore, in the aforesaid circumstance, this writ petition stands disposed off, modifying the impugned order to the extent that respondents shall pay arrears of rent as well as current rent of the suit premises at the rate of Rs 2343.60 per month to the petitioners till the disposal of the lis within three months from the receipt/production of copy of this order failing which, the defence of the respondents shall be struck off in view of above-said Section-15 of BBC Act, 1982.
(Hemant Kumar Srivastava, J) A.K.V./-
U