High CourtsSingle Bench(2001) 07 JH CK 0098

Mukesh Kumar Singh vs Parwati Devi and Others

Jharkhand High Court · Decided on 18 July 2001

HON’BLE JUDGES
Gurusharan Sharma, J
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 434 of 1999 (R)

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Judgment

4 paragraphs · 296 words

Gurusbaran Sharma, J.—Admittedly, defendant No. 5 was inducted as tenant in The suit house. On 14.2.1996, Parwati Devi owner/landlady of the house executed an agreement for sale of the suit house; in favour of defendants 1 to 4, who were sons of defendant No. 5, after receiving Rs. 20,000/- as advance and the sale-deed was to be executed therefore by 7.5.1996, after receiving the balance amount of consideration of Rs. 90,000/-. It was also agreed that till date of execution of the aforesaid sale-deed, defendants will continue in the house as tenant and will pay rent regularly. It was also agreed that in case the owner of the house fails to perform her part of the agreement to execute the sale-deed, within the stipulated period, the proposed purchaser shall stop paying the rent.

2.

During pendency of the suit, plaintiffs filed a petition u/s 15 of the Bihar Buildings (Lease. Rent and Eviction) Control Act, for a direction to the defendants to deposit arrears of rent from November, 1995 and current and future rent during pendency of the suit. The prayer was allowed by impugned order dated 20.8.1999.

3.

In the aforesaid circumstance. I find no reason to interfere with the impugned order. This revision application is dismissed. However, since the revision application challenging the aforesaid order passed u/s 15 of the said Act was filed in this Court and was admitted and records of the suit were also called for, petitioner is directed to deposit the arrears of rent till July, 2001, pursuant to the order dated 20.8.1999, within one month from today and current and future rent from August, 2001, onwards by fifteenth of each succeeding month. Let the lower Court records be sent down to the Court below immediately.

4.

Revision application dismissed.