RANCHI, India, Aug. 19 -- Jharkhand High Court issued the following order on July 21:
1. It is here to be mentioned that at the first instance, the petitioner has filed W.P. (C) No. 5642 of 2022 for issuance of appropriate orders/directions for quashing the order dated 13.10.2022 (impugned order) passed by Rent Controller-cum-Sub Divisional Officer, Deoghar in Jharkhand Building Act Case No. 16 of 2021 whereby and whereunder the Rent Controller-cum-Sub Divisional Officer, Deoghar was pleased to direct the petitioner/defendant to evict the shop of the opposite party/plaintiff under Section 19(1)(c) and (d) of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011.
2. Later on, vide order dated 18.01.2023, the said writ petition was converted into Civil Revision and re-numbered as C.R. No. 02 of 2023.
3. Learned counsel for the petitioner/defendant assailing the impugned order has vehemently argued that the aforesaid eviction suit under Section 19(1)(c) and (d) of Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 was instituted by the plaintiff/opposite party on 18.12.2021 and after admission of the suit, notices were issued against the petitioner/defendant. The original defendant, father of the petitioner namely Shankar Lal Gupta (original defendant) appeared but before filing his written submission died due to heart-attack on 07th January, 2022. Thereafter, petitioner was substituted as defendant and his written statement was filed in the above suit on 25.04.2022. Thereafter, on three consecutive dates, there was no progress in the suit and case was fixed on 06.10.2022. On that day, on the basis of the pleadings of the parties, the Court has settled following two issues:-
(i) Whether the landlord tenant relationship exists or not?
(ii) Whether the rent is being paid and whether it is agreeable? And next date was fixed on 13.10.2022 where it is wrongly mentioned dehors to the procedure established by law as under:-
"Order attached after taking oral and documentary evidence"
It is apparent from the order-sheet of the learned trial court that in between 06.10.2022 to 13.10.2022, no date was fixed for taking oral and documentary evidence of the respective parties rather arbitrarily and whimsically the learned trial Court ignoring the settled procedure as prescribed under Section 33 of Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 has passed the impugned order without taking oral and documentary evidence and without providing any sufficient opportunity to lead the evidence in flagrant violation of principle of natural justice,. Therefore, impugned order is absolutely illegal and cannot be justified under law which is fit to be set aside with all consequential order passed by the learned court below.
4. On the other hand, learned counsel for opp. party has contended that on the basis of the pleadings of the parties and their admissions and documents annexed along with the pleadings, a reasoned order has been passed by the learned Rent Controller-cum-Sub Divisional Officer, Deoghar which is justified under Order 12 Rule 6 of the CPC. The main plea of the defendant/petitioner before the Rent Controller Officer was that his father got an agreement to sale the suit premises from the father of the plaintiff which does not confer any right, title and interest and "once a tenant is always a tenant" therefore, there is no merit in this revision, which is fit to be dismissed.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfMXDS3AJBqc7nPqNnraX%2FsK0pyQSzFsWmL%2BbW5HSB5BX&caseno=C.R./2/2023&cCode=1&cino=JHHC010392752022&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
