Bjhagwan Das v. Ranjeet Kumar Banerjee And ORS

Patna High Court CWJC No.17285 of 2012 (06) dt.15-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17285 of 2012 ======================================================

1. Bhagwan Das, S/O Devi Lal Sah, R/O Madhubani, P.S. Khajanchi Hat, District- Purnea .... .... Petitioner/s

Versus

1. Ranjeet Kumar Banerjee, S/O Late Nirmal Chandra Banerjee, R/O Bhatta, P.S. Khajanchi Hat, Distt. Purnea

2. Bishwajit Banerjee, S/O Late Nirmal Chandra Banerjee, resident of Bhatta, P.S. Khajanchi Hat, District Purnea .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhukar Pandey with Mr. Manojeshwar Pd. Sinha with Mr. Ratan Kumar Sinha--Advocates For the Respondent/s : Mr. Sushanta Kumar Das with Mr. Suresh Chandra Pd. Sinha-Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner as well as learned counsel for the respondent no.1 and respondent no.2. Gone through the order impugned.

The learned lower court, before passing of the order impugned by which, has directed the petitioner/ tenant to deposit the rent which was aware of the order passed in M. A. No.268 of 1998 arising out of Title (Partition) Suit No.89 of 1987, being fought amongst respondent nos.1 and 2, wherein respondent no.2 has been appointed as receiver to collect the rent and deposit the same in the Court and in the aforesaid background, respondent no.2 filed a petition before the learned Appellate Court

Patna High Court CWJC No.17285 of 2012 (06) dt.15-12-2015 (Annexure-4) to the extent that tenant had already deposited the rent up to October, 2011, did not justify the order impugned. Consequent thereupon, the order impugned is set aside. Petition is allowed.

However, to avoid future complications, the petitioner is directed to obtain receipt from respondent no.2 while making payment as rent and photo copy of the same would be filed before the learned Appellate Court regularly on monthly basis, so that respondent no.1, appellant before the learned lower Court would have no grievance.

From the order impugned, it is also evident that parties are not ready to argue the appeal, in that circumstance, the hands of Appellate Court is not fettered. In case, there happens to be non-cooperation from any of the parties, then in that event, will pass appropriate order in accordance with law. Anyhow, the learned lower Court is directed to begin hearing of instant appeal and will conclude the same within two months, positively. Vikash/- (Aditya Kumar Trivedi, J) U