IMPORTANT POINT
The court affirmed that non-payment of rent constitutes a breach of tenancy conditions, justifying eviction under the Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011.

JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the respondent No.5.

2. The prayer in the writ petition is made for quashing of the order dated 09.10.2023 passed by the Commissioner, South Chhotanagpur Division, Ranchi in J.B.C. Revision Case No.30 of 2022 passed in favour of the respondent No.5 under Section 19(1)(a) of Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011 whereby the order dated 09.07.2022 passed by the Deputy Commissioner, Ranchi (Respondent No.3) in J.B.C. Appeal No.82R15 of 2018-19 has been set aside and direction has been issued to the petitioner to vacate the premises situated in Shop No.13, Main Road, Ranchi Club Complex, Ranchi and handover the possession to the respondent No.5.

3. Mr. Indrajit Sinha, learned counsel appearing for the petitioner submits that respondent No.5 is the owner of one shop in ground floor and mezzanine floor under Shop No.13 situated at Ranchi Club Complex, Main Road, Ranchi. He further submits that the petitioner approached the respondent No.5 for renting the shop for a showroom in name and style of ‘Satya Paul’ in the year 2010 and accordingly, the petitioner and respondent No.5 entered into a lease agreement dated 06.10.2010. By the said lease agreement, the respondent No.5 agreed to let out the shop with all fixtures on a rent of Rs.1,00,000/- (Rupees One Lakh only) per month for the period of 11 months contained in Annexure-1. He further submits that after expiry of the said lease agreement dated 06.10.2010, petitioner and respondent No.5 entered into a lease agreement dated 06.10.2011 for the period of 11 months, reiterating the terms and conditions of the earlier agreement contained in Annexure-2 and further agreement was entered on 01.09.2012. He submits that the petitioner was in possession of the shop and was complying with all the terms and conditions of the agreement and there was a good relation between the petitioner and respondent No.5. He submits that after the expiry of the lease agreement dated 01.09.2012, the petitioner kept requesting the respondent No.5 to renew the lease in favour of the petitioner, but the respondent No.5 kept assuring the petitioner of renewing it when he visits Ranchi, as he was posted outside Ranchi. He further submits that respondent No.5 failed to renew the lease agreement, the petitioner was constrained to send a letter dated 13.05.2016 to the respondent No.5 requesting him to renew the lease agreement. He further submits that instead of renewing the lease agreement, the respondent No.5 served a legal notice dated 20.05.2016 on the petitioner for eviction of the petitioner from the shop in question. Subsequently, respondent No.5 filed a petition bearing J.B.C. (Eviction) Case No.51/2016 before the Rent Controller-cum-Sub-Divisional Officer, Sadar Ranchi under Section 19(1)(a), 19(1)(d) and 19(1)(e) of Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011 (hereinafter referred to as “the Act”). He submits that by order dated 22.01.2019, the Rent Comptroller-cum-Sub-Divisional Officer, Sadar, Ranchi has been pleased to direct the petitioner to pay the remaining arrear of rent and directed to vacate the premises in question. He then submits that the petitioner herein moved to the Appellate Authority i.e. the Deputy Commissioner, Ranchi and the Deputy Commissioner, Ranchi vide order dated 09.07.2022 passed in J.B.C. Appeal No.82R15 of 2018-19 under Section 36 of the Act has been pleased to set aside the order of the Rent Comptroller dated 22.01.2019 and allowed the petitioner to pay the arrears and to continue in the premises in question. He then submits that against that order, the respondent No.5 moved before the Commissioner in Revision which was numbered as J.B.C. Revision Case No.30/2022 under Section 37 of the Act. He submits that the Commissioner has allowed the revision by order dated 09.10.2023 w