JUDGMENT :

I.A. No.4406 of 2021:

1. This case is taken up through video conferencing.

2. The present Interlocutory Application has been filed for condonation of delay of 193 days in filing the present revision application on the ground that the delay so caused is not intentional rather the petitioner has been continuously pursuing the legal remedies before different forums.

3. On the other hand, learned counsel for the opposite party submits that the appeal preferred by the petitioner before the Deputy Commissioner, Ranchi and the revision preferred before the Commissioner, South Chotanagpur Ranchi were only to somehow continue with illegal possession of the premises. It is further submitted that the petitioner, without even filing any proper application against execution of eviction order and decree before the competent court had earlier filed a writ petition being W.P.(C) No.3024 of 2021 just to delay the execution proceeding. The petitioner continued with unnecessary litigations with ill motive to deprive the opposite party of the fruits of the said decree.

4. I am of the considered view that the delay in filing the present revision application has been caused due to the reason that the petitioner had been pursuing his legal remedies before wrong forum. The mistake committed by the petitioner appears to be bona fide and as such in the interest of justice, the delay so caused in filing the present revision application is hereby condoned.

5. I.A No. 4406 of 2021 is accordingly allowed.

Civil Revision No.07 of 2021:

6. The present Civil Revision has been filed against the order dated 05.07.2019 passed by the Rent Controller-cum-Sub Divisional Magistrate, Sadar, Ranchi under section 19(1)(e) of the Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011 (in short the Act, 2011) in J.B.C Case No. 114 of 2016, whereby the learned court below has allowed the petition filed by the opposite party on the ground of non-renewal of lease after completion of nine years of registered deed of lease on 30.09.2016 and accordingly the eviction order was passed directing the petitioner to handover possession of the shop in question in favour of the opposite party within a fortnight.

7. The main contention of the learned senior counsel for the petitioner is that the petitioner and the opposite party (the landlord) had entered into a lease agreement on 12.09.2007 (effective from 01.09.2007) with respect to shop no.3, measuring an area of 250 sq. ft., situated at first floor of the marketing complex, namely, Neelam Complex, Doranda Bazar, Ranchi. The period of lease was for nine years and was ending on 30.09.2016 subject to renewal of lease at the instance of the lessee. It is further submitted that when the period of lease ended on 30.09.2016, the petitioner approached the opposite party and requested him to renew the lease as he was an old tenant and was ready to pay the enhanced rent as per the old terms of lease, however, the opposite party refused to renew the lease and as such the petitioner issued legal notice to him on 28.11.2016 requesting inter alia to renew the lease deed but he neither replied the same nor renewed the lease deed. In the meantime, the opposite party filed an application before the Rent Controller-cum-Sub Divisional Magistrate, Sadar, Ranchi under section 19(1)(e) of the Act, 2011, which was registered as J.B.C Case No. 114 of 216 and the same was disposed of vide order dated 05.07.2019, directing the petitioner to vacate the shop in question in favour of the opposite party. Aggrieved thereby, the petitioner filed an appeal being J.B.C Appeal No.7-R-15/2019-20 before the Deputy Commissioner, Ranchi, which was dismissed as not maintainable. Thereafter, the petitioner filed revision being J.B.C Revision No.15/2021 under section 37 of the Act, 2011 before the Commissioner, South Chhotanagpur Division, Ranchi, however, the same was also dismissed vide order dated 16.08.2021, holding that the revision was not maintainable be