Vijay Kumar v. Ramji Prasad

Patna High Court CWJC No.9396 of 2013 (02) dt.23-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9396 of 2013 ======================================================

1. Vijay Kumar Son Of Late Prayag Sao Resident Of Mohalla Bakarganj Gola Road (Bm) P.S. Pirbahore District Patna .... .... Petitioner/s

Versus

1. Ramji Prasad Son Of Late Baijnath Sao Resident Of Mohalla Bakarganj, Gola Road P.O. Bankipur P.S. Pirbahore District Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish-Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-06-2016 Heard learned counsel for the petitioner.

Contesting the suit without agitating jurisdictional error at an earliest, petitioner/ tenant after getting the order passed under Section 15 of the B.B.C. Act whereunder he has been directed to pay Rs.2,000/- per month as rest consequently been perceived by him as a golden chance to challenge pecuniary jurisdiction of the Court and having been refused by the order impugned, been assailed.

Neither the order under Section 15 of the B.B.C. Act happens to be in its conclusiveness nor it happens to be in its finality over the determination of quantum of rent, rather it happens to be an intermediary step to seize his status as defaulter henceforth.

That being so, the order impugned could not be said to be illegal. Accordingly, petition is rejected.

(Aditya Kumar Trivedi, J) Vikash/- U

Patna High Court CWJC No.9396 of 2013 (02) dt.23-06-2016