Prasad & Ranjan, JJ.-This Civil Revision Application is directed against the order dated 16.8.2002 passed by the Subordinate Judge-I, Darbhanga in Title Execution Case No. 3 of 2001, whereby it held that the execution case is not maintainable.

2. Short facts giving rise to the present application are that the landlord petitioner had let out a shop at Hospital Road, Laheriasarai, Darbhanga to the tenant opposite party on monthly rental of Rs. 150/. In the said shop, the tenant was running a medicil1e shop. The landlord filed application under Section 5 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 for determination of fair rent. The House Controller under provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 982, hereinafter referred to as 'the Act', determined the fair rent at the rate of Rs. 2.15 per square feet. The tenant made unsuccessful attempt to get the said order of the House Controller set aside in appeal, writ petition and the letters patent appeal. The landlord filed Execution Case No. 3 of 2001 for recovery of the rent as determined by the House Controller, which has been dismissed by the impugned order on the ground th