IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.409 of 2022

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1.

Prabhakar Kumar Son of Late Deokumar Prasad Resident of Mohalla- Katra

Chhapra, Pragana- Manjhi, Post and P.S.- Bhagwan Bazar, District- Saran.

2.

Most. Rampyari Devi Wife of Late Deokumar Prasad Resident of Mohalla-

Katra Chhapra, Pragana- Manjhi, Post and P.S.- Bhagwan Bazar, District-

Saran.

3.

Smt. Babita Devi Wife of Ajay Bhagat and Daughter of Late Deokumar

Prasad Present resident of Mohalla- Katra Chhapra, Pragana- Manjhi, Post

and P.S.- Bhagwan Bazar, District- Saran.

4.

Smt. Sabita Devi Wife of Rajendra Prasad and Daughter of Deokumar

Prasad at present resident of Village- Bansdih Road, Post and P.S.- Bansdih,

District- Balia, U.P.

5.

Smt. Sarita @ Kavita Wife of Santosh Prasad and Daughter of Late

Deokumar Prasad Resident of Village- Majhanpura, Post- Rivilganj, P.S.-

Manjhi, District- Saran.

... ... Petitioner/s

Versus

1.

Uma Shankar Prasad Son of Late Lakchhaman Prasad Resident of Mohalla

Sahebganj, Kachahri Road, Post and P.S. Chhapra Nagar, District- Saran.

2.

Prem Kumar Prasad @ Munna Prasad Son of Late Lakchhaman Prasad

Resident of Mohalla Sahebganj, Kachahri Road, Post and P.S. Chhapra

Nagar, District- Saran.

3.

Raj Kumar Prasad Son of Late Lakchhaman Prasad Resident of Mohalla

Sahebganj, Kachahri Road, Post and P.S. Chhapra Nagar, District- Saran.

4.

Sanjay Kumar Son of Late Lakchhaman Prasad Resident of Mohalla

Sahebganj, Kachahri Road, Post and P.S. Chhapra Nagar, District- Saran.

5.

Smt. Urmila Devi Wife of Praveen Gupta and Daughter of Late Lakchhman

Prasad Resident of Village- Shekhpura, Varanasi, Uttar Pradesh and at

present resident of Sahebganj, Kachhahri Road, Post- Chhapra, P.S.-

Chhapra, District- Saran.

6.

Smt. Ragni Devi Wife of Shri Manoj Kumar Gupta and Daughter of Late

Lakchhaman Prasad Resident of Banaras Bank Chauk, Muzaffarpur, Post

and P.S.- Muzaffarpur, District- Muzaffarpur, at present resident of Mohalla-

Sahebganj, Kachahari Road, Post- Chhapra, P.S. Chhapra, District- Saran.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Surendra Kumar Singh, Sr. Adv.

Mr.Praveen Prakash

For the Respondent/s

:

Mr.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

03-11-2022

Heard Mr. Surendra Kumar Singh, learned senior

Patna High Court C.Misc. No.409 of 2022(2) dt.03-11-2022

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counsel for the petitioner.

The petitioner is aggrieved by the order dated

27/04/2022 passed by learned Munsif 1^st, Saran at Chhapra in

Eviction Suit No. 13/16/Reg. No. 25/16 filed by the respondent-

plaintiff by which the prayer of the petitioner to construct an

iron gate in North and East of the tenanted premises has been

rejected.

Learned senior counsel for the petitioner submits that

learned trial court has refused to exercise his jurisdiction in the

eviction suit on the ground that under Section 10 (1) & (2) of

the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982

{hereinafter referred to as the “B.B.C. Act”} the power to grant

amenities to the tenant has been given to the Rent Controller i.e.

the Sub Divisional Officer. Learned counsel refers to Section 10

(1) & (2) of the B.B.C. Act and submits that sub section (2)

stipulates that if the landlord has contravened the provisions of

sub-section (1) then only the Rent Controller will have the

jurisdiction to restore the amenities enjoyed by the tenant but in

the present case Section 10 (1) of the B.B.C. Act is not attracted

as amenities to the tenant -petitioners has not been cut off or

withheld by the respondent-plaintiff. He next submits that the

word “amenities” has not been defined in the B.B.C. Act, and as

Patna High Court C.Misc. No.409 of 2022(2) dt.03-11-2022

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such, the learned trial court has failed to exerc