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2003 Supreme(Jhk) 114

M.Y.EQBAL
Mohammad Imteyaz Ahmad – Appellant
Versus
Abdul Quayum – Respondent


JUDGMENT

M.Y. Eqbal, J.

1. This revision application is directed against the order dated 7.12.2002 passed by Sub-Judge, IV, Dhanbad in Title (Eviction) Suit No. 1/2001 whereby he has allowed the application filed by the plaintiffs/opposite parties under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (in short the said Act) and directed the defendant-petitioner to deposit the arrears of rent from June, 1998 as also the current rent on or before the 15th day of the continuing month.

2. The facts of the case lie in a narrow compass. The plaintiffs/opposite parties who are the sons of Hazi Sahadul Mian, filed the aforementioned suit for eviction of the defendant-petitioner from the suit premises and also for recovery of arrears of rent. Plaintiffs case is that they are the owners of the suit premises and the defendant is the monthly tenant under them on monthly rent of Rs. 175/- per month. It is alleged that the defendant defaulted in payment of rent from March, 1998 and as such, became liable for eviction.

3. The defendant-petitioner contested the suit by filing written statement denying and disputing the relationship of landlord and tenant. Defendants case i
























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