The central legal point established in the judgment is the requirement to provide an opportunity for both parties to establish the landlord-tenant relationship before passing any order for the fixation of fair rent.

JUDGMENT :

The present writ petition has been filed for quashing the order dated 16.12.2021 passed by the respondent no. 2 – the Commissioner, North Chotanagpur Division, Hazaribagh in House Rent Control Revision No. 06 of 2020, whereby the order dated 25.04.2018 passed by the respondent no. 4 – the Sub-Divisional Officer-cum-House Rent Controller, Dumri in H.R. Case No. 05/2017-18 and the order dated 27.09.2019 passed by the respondent no. 3 – the Deputy Commissioner-cum- District Magistrate, Giridih in H.R.C Appeal No. 01/2018 have been set aside.

2. Learned Senior Counsel for the petitioner submits that the lands appertaining to R.S. Plot No. 641, Khata No. 7/2 situated at village Isri, P.S. Dumri (now Nimiaghat), District- Hazaribagh (now Giridih), measuring an area of 1.53 acres was recorded in the name of Khuda Bux Khan during the last survey settlement. Khuda Bux Khan had surrendered the said land to the ex-landlord and thereafter the said land along with 6 decimals land of Plot No. 642 of the same khata was settled to Laljee Bhagat by putting him in khas possession of the same. A raiyati Hukumnama dated 14.03.1930 was also issued by the exlandlord in favour of Laljee Bhagat.

3. It is also submitted that after vesting of Zamindari, the State of Bihar recognized Laljee Bhagat as raiyat of the said land who paid rent of the same till his life time. After death of Laljee Bhagat, his sons namely, Ramesh Bhagat and Dinesh Bhagat paid rent till their life time. It is further submitted that Laljee Bhagat had constructed several rooms on the said land and subsequently Dinesh Bhagat S/o - Laljee Bhagat let out some rooms of his share to different persons including the father of the respondent no. 5 namely, Murlidhar Swarnkar, who had given the premises on rent consisting of rooms for residence and one shop measuring an area of 1260 sq.ft. on monthly rent of Rs. 295/- and the said rent was realized from him during his life time and after his death from the respondent no. 5 till September, 2017.

4. Learned Senior Counsel for the petitioner further submits that the petitioner filed an application before the respondent no. 4 under Sections 9 to 12 of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011 for fixing fair rent of the aforementioned premises which was registered as H.R. Case No. 05/2017-18. The respondent no. 5 appeared and filed his show cause reply stating that there was no relationship of landlord and tenant between the petitioner and the respondent no. 5 as well as that no rent with respect to the said premises was ever paid by the respondent no. 5 to the petitioner. He further stated that he was the absolute owner of the aforementioned premises. The respondent no. 4 passed an order on 25.4.2018 fixing rent for the shop area and residential area as well as directing the parties to execute lease/rent agreement with respect to the said premises for a period of 12 months in the light of rent fixed by the said court. The respondent no. 5 filed H.R.C. Appeal No. 01 of 2018 before the respondent no. 3 which was dismissed vide order dated 27.09.2019 against which the respondent no. 5 filed House Rent Controller Revision No. 06 of 2020 before the respondent no. 2 who allowed the said revision filed by the respondent no. 5 vide order dated 16.12.2021 setting aside the orders passed by the respondent no. 4 and the respondent no.3.

5. Learned counsel for the respondent no. 5 submits that after death of Khuda Bux Khan, 4 decimals land of Plot No. 641, Khata No. 7 was settled to Dhotan Sao and a Basgit Parcha with respect to the said land was also issued by the State Government in his name. He continued in possession of the same till his death and thereafter his sons namely, Murlidhar Swarnkar, Jagarnath Swarnkar, Sitaram Swarnkar and Basudeo Swarnkar came in possession of the said land.

6. It is further submitted that in the family arrangement among four sons of Dhotan Sao, the said land came in the share of Murlidhar Swa