Hemant Kumar v. Manju Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4028 of 2016 In Miscellaneous Appeal No.580 of 2013 ====================================================== Manju Devi ... ... Petitioner/s

Versus

The State Of Bihar and Anr ... ... Opposite Party/s ====================================================== with CIVIL REVIEW No. 180 of 2024 In Miscellaneous Appeal No.580 of 2013 ====================================================== Hemant Kumar, son of Sitaram Singh, resident of Village Gehumi, P.O. Shishodih, P.S. Sadar Mabbi (O.P.), District Darbhanga. ... ... Petitioner

Versus

Manju Devi daughter of Ganga Ram Mahto, resident of Mohan Math (Gopalpur0, P.S. Kamtaul, District-Darbhanga. ... ... Opposite Party ====================================================== Appearance :

(In Miscellaneous Jurisdiction Case No. 4028 of 2016) For the Petitioner/s :

Mr.Dharmendra Kumar Paswan, Advocate Mr. Amar Kumar, Advocate Ms. Deepshikha, Advocate For the Opposite Party/s :

Mr. Anand Kumar Singh, Advocate Mr. Kumar Rajeev, Advocate (In CIVIL REVIEW No. 180 of 2024) For the Petitioner/s :

Mr. Anand Kumar Singh, Advocate Mr. Kumar Rajeev, Advocate For the Opposite Party/s :

Mr.Dharmendra Kumar Paswan, Advocate Mr. Amar Kumar, Advocate Ms. Deepshikha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 07-07-2025 Ref: Civil Review No. 180 of 2024 Heard Civil Review No. 180 of 2015.

2. The present Civil Review has been filed to recall

2/4 the order dated 13.05.2015 passed in Miscellaneous Appeal No. 580 of 2013. There is a delay of about 09 years in filing Civil Review. I.A. for condonation of delay is not forthcoming.

3. Learned counsel for the review petitioner submitted that certain observation made in M.J.C No. 4028 of 2016 is being taken note of for the purpose of filing present Civil Review.

4. Be that as it may, to entertain Civil Review under Order 47 Rule 1, relevant procedure is required to be taken note of for the purpose of examine the Review. One of the issue is relating to delay in filing Civil Review for about 09 years. In the absence of Interlocutory Application for condonation of delay, Civil Review is liable to be rejected.

5. Accordingly, Civil Review No. 180 of 2024 stands dismissed.

Ref: M.J.C. No. 4028 of 2016

6. Appellant has furnished Chart relating to monthly rent to be paid by the Respondent - Hemant Kumar. We have to appreciate average rent spent by the Appellant is at Rs. 3000/- (Rs. Three thousand) for the period from 04.03.2016 to 04.07.2025 and it has been calculated. As on 03.07.2025 the total amount would be Rs. 3,36,000/- (Rs. Three Lakhs Thirty

3/4 Six Thousand).

7. Learned counsel for the Respondent - Hemant Kumar submitted that Rs.3000/- calculated by the Appellant would be on higher side, since Respondent was paying a sum of Rs. 2500/- prior to 04.03.2016, the same would suffice. Such a contention cannot be appreciable for the reasons that he must understand that Appellant is fair enough to seek monthly rent at Rs. 3000/- for almost 09 years without there being any enhancement between 2016 to 2025. Further, we have noticed that for the last about one decade, the Respondent - Hemant Kumar has not paid the rental amount to be paid to the Appellant.

8. Taking note of these facts and circumstances, Appellant's demand of Rs. 3000/- per month for the purpose of monthly rent from 04.03.2016 to 03.07.2025 is very reasonable. Therefore, the Respondent - Hemant Kumar is hereby directed to clear all the dues of Rs. 3,36,000/- (Rs. Three Lakhs Thirty Six Thousand) within a period of three months in three installments.

9. List this matter after four weeks in order to ascertain whether Respondent - Hemant Kumar has made efforts to pay first installment of Rs. One lakh or not?

4/4

10. At this stage, learned counsel for the Respondent submitted that Appellant is not entitled to arrears of rent from April 2016 to July 2025 shall be examined on the next date of hearing.

11. Re-list this matter on 04.08.2025.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) manish/- U