Document Fragment View

Matching Fragments

: W.P.C. 4863 of 2007 has been filed by the tenant against the order dated 17.7.2007 passed in H.R.C. Revision No. 65 of 2007 admitting the revision and directing him to deposit the up to date arrears of fair rent fixed by House Rent Controller.

2. W.P.(C) No. 2557 of 2010 has been filed by the landlord for direction to dispose of the said revision at an early date.

3. Mr. Rajan Raj, learned counsel appearing for the petitioner/tenant, in W.P.C. No. 4863 of 2007 submitted that the impugned order was passed in the absence of the landlord whereas as per Section 16 (2) of the Bihar Building (Lease Rent) Control Act (hereinafter referred to as the 'BBC Act'), an opportunity of hearing was to be given to the landlord before passing such order. He further submitted that a petition was filed on 13.4.2002 by the landlord under Section 5 of the BBC Act for fixing fair rent before the House Rent Controller (HRC). In the fair rent proceeding, stand of the landlord was that the agreed rent was Rs. 4,000/- (Rs. four thousand only) per

6. The alleged contradictory stand of the landlord about the quantum of rent in HRC case and the suit is not of much relevance in these writ petitions. The fair rent is to be fixed by the concerned authorities on taking into consideration different aspects of the matter and not only the amount of rent admitted or disputed by the parties. Fixation of fair rent is altogether an independent proceeding.

7. Further, the submission of Mr. Rajan Raj that the impugned order was passed in the absence of the landlord is baseless, as the tenant cannot raise such complaint. If the order would have been passed against the landlord, he could raise the grievance that it was passed in violation of Section 16(2) of the BBC Act without giving opportunity of hearing to him.