Md. Muslim Ansari vs Satya Narayan Dhudhani and Others

Narendra Nath Tiwari, J.—In this writ petition the petitioner has prayed for quashing the order dated 14.6.2004 passed by the learned Munsif 1st at Dhanbad in Title (Eviction) Suit No. 21 of 2003 whereby the petitioner-tenant has been directed to deposit the amount of arrears of rent from April 2002 to May 2004 at the rate of Rs. 350/- per month in the Court below within a period of 15 days and further he has been directed to pay the current rent of every month in the Court below till 15th of the next following month.

The grievance of the petitioner-tenant is that by the impugned order of the Rent Controller passed in H.R.C. Case No. 36 of 2002, he has been depositing the amount @ 350/- in the name of the landlord-plaintiff and that the rent from the Month of April 2002 to up-to-date has already been deposited in the Treasury in compliance of the said order and that it will be a double burden on him, if he is compelled to deposit arrear of rent from April 2002 to up-to-date again in the Court below as directed by the impugned order. I find substance in the submission of the learned counsel appearing for the petitioner-tenant.

Mr. S.L. Agarwal, learned counsel appearing For the respondent submitted that it is the duty of the petitioner-tenant to withdraw the said amount from the Treasury and to deposit the same in the Court below as directed in the impugned under. The landlord cannot be made liable to take steps to get the amount in question from the Treasury.

Considering the submission of the learned counsel for the parties and the circumstances of the case. 1 am of the opinion that the petitioner-tenant shall withdraw the amount from the Treasury, already deposited in the name of the landlord, by filing an appropriate application before the authorities and to deposit the same in the Court below in compliance of the order dated 14.6.2004 within the period of one month. The landlord shall also cooperate in the said process. To that extent the order of the Court below stands modified. The period prescribed for depositing the amount of the arrears of rent is extended for a month from this date. The petitioner-tenant shall go on depositing the current and future rent in accordance with the order of the learned Court below.

With this observation this writ petition disposed of.