Binay Kumar Poddar vs Bhamar Lal Maharaj and Another

M.Y. Eqbal, J.—Heard learned Counsel for the parties.

By the impugned order dated 21.8.95 passed in Title (Eviction) Suit No. 2/93, the learned court below rejected the application filed by the Plaintiff-Petitioner u/s 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter to be called ''Act'') and refused to give a direction to the Defendants--O.Ps. to deposit monthly rent in the manner provided under the provision of the said Act.

The Plaintiff filed Title Suit No. 2/93 for eviction of the Defendants--O.Ps. for non-payment of rent. In the suit the petition u/s 15 of the Act filed by the Plaintiff was resisted by the Defendants--O.Ps. by filing rejoinder stating inter-alia that they are poor Brahmins and their parents have migrated from Rajasthan and the Plaintiff''s ancestor settled the land to them. The learned court below while passing the impugned order has considered various documents filed by the Plaintiff--Petitioner and has noticed the fact that the Defendants were inducted as tenants on payment of monthly rent of Rs. 100/-. The learned court below also took notice of various counter-foils of the rent receipts filed by the Plaintiff-Petitioner. However, the learned court below without assigning any reason has rejected the application filed by the Plaintiff--Petitioner on the ground that it would not be expedient to allow the Plaintiff''s prayer. It appears to me that the learned Munsif is not fully conversant with the provision of Section 15 of the Act and has passed the impugned order without application of mind.

For the reasons aforesaid, the civil revision application is allowed and the impugned order dated 21.8.95 passed in Title Suit No. 2/93 is set aside. The learned Munsif is directed to pass a fresh order after recording the prima facie finding with regard to the existence of relationship of Land-lord and tenant and the rate of rent last paid by the Defendants to the Plaintiff-Petitioner. It is made clear that an application u/s 15 of the Act cannot be rejected on the ground that the Defendants are poor persons or poor Brahmins. If a prima facie case of relationship of Landlord and tenant is established, then the court below has no option but to pass an order in the manner provided u/s 15 of the said Act. This civil revision application is, thus, disposed of with the aforementioned directions and observations.