Md. Jugnu And ANR v. Most. Maya Bati Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15944 of 2015 ====================================================== Md. Jugnu & Anr .... .... Petitioner/s

Versus

Most. Maya Bati Kumari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Utsav Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-06-2016 Heard learned counsel Mr. Partha Sarthy for the petitioners and learned counsel Mr. Pramod Kumar Sinha for the respondent.

Perused the impugned order dated 01.08.2015 passed by learned Subordinate Judge-V, Begusarai in Title Eviction Suit No.107 of 2009 whereby the application filed by the tenantpetitioner to enquire about the last paid rate of rent was rejected. From perusal of the impugned order, it appears that earlier Section 15 application was allowed by the trial court which is challenged before this High Court in C.W.J.C. No.12512 of 2012 by this petitioner and this Court by order dated 16.10.2014 directed the petitioner to pay rent at the rate of Rs.3,500/- for one shop and Rs.4,500/- for another shop per month till the disposal of the suit. In view of the above fact that there has already been order passed by this Court earlier directing the petitioner to

Patna High Court CWJC No.15944 of 2015 (2) dt.21-06-2016 deposit rent, there is no question of making further enquiry arises and the learned court below, therefore, rightly rejected the application. Thus, I find no reason to interfere with the impugned order.

Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Harish/- U