Md. Rashid Hussain v. Md. Ejaj Ahmad

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.575 of 2023 ====================================================== Md. Rashid Hussain Son of Akhtar Hussain Resident of Village- Tektar, P.O.- Madhupur, P.S.- Kamtaul, District- Darbhanga. ... ... Petitioner/s

Versus

Md. Ejaj Ahmad Son of Late Md. Sayeed Resident of Village- Tektar, P.O.- Madhupur, P.S.- Kamtaul, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Sinha For the Respondent/s :

Mr.Ranjan Kumar Dubey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-09-2023 Heard the parties.

2. The present application has been filed for quashing the order dated 23.05.2023 passed by the Munsif-1st, Darbhanga in Eviction Suit No. 2 of 2022 under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 which has been allowed.

3. The Court below has rightly allowed the petition of the landlord. It appears that the present application has been filed by the defendant just to delay the eviction proceeding and not to pay the rent of the premises in question.

4. This application is dismissed with a cost of Rupees Ten Thousand which must be deposited within a period of one month from the date of communication of this order in the Court below and the aforementioned cost shall be handed over to the

Patna High Court C.Misc. No.575 of 2023(2) dt.21-09-2023 2/2 landlord.

5. The Court below is directed to conclude the eviction proceeding within three months by holding day-to-day hearing without giving unnecessary adjournment to any of the parties. The Court below is further directed to proceed ex parte against the non-cooperating party and submit a compliance report to this Court.

(Sandeep Kumar, J) Saif/- U