Om Nath Singh v. Bipin Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13560 of 2015 ====================================================== Om Nath Singh s/o Shri Bansropan Singh r/o village Korhar P.S. Bihta, District Patna .... .... Petitioner

Versus

Bipin Kumar Singh S/o Late Shiv Kumar Singh r/o village Korhar P.S. Bihta, District Patna .... .... Respondent ====================================================== Appearance :

For the Petitioner : Mr. Patanjali Rishi, Advocate.

For the Respondent : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-03-2016 Heard Mr. Patanjali Rishi learned counsel for the petitioner.

By the impugned order dated 30.06.2015 the learned Sub-Judge 2 Danapur in Title Eviction Suit No. 1 of 2011 directed the petitioner to deposit the arrears and current rent at the rate of Rs. 2600/- per month under Section 15 of the Bihar Building (Lease Rent and Eviction) Control Act, 1982.

The only grievance of the petitioner is that under Section 15 of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 the court can direct the tenant to deposit the rent at the last paid rent. According to the leaned counsel in the present case no chit of paper was produced to show that the petitioner ever paid Rs. 2600/- per month.

Patna High Court CWJC No.13560 of 2015 (2) dt.04-03-2016 2/2 Perused the order passed by the court below. Admitted fact is that a Kirayanama was produced before the court below wherein it is mentioned that the rate of rent is Rs. 2600/- per month. The court below found that the relationship between the tenant and the landlord is admitted, therefore, I do not find any merit in this application.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J.) KKSINHA/- U