- (1.) W.P.C. 4863 of 2007 has been filed by the tenant against the order dated 17.7.2007 passed in H.R.C. Revision No. 65 of 2007 admitting the revision and directing him to deposit the up to date arrears of fair rent fixed by House Rent Controller.
(2.) W.P.(C) No. 2557 of 2010 has been filed by the landlord for direction to dispose of the said revision at an early date.
(3.) Mr. Rajan Raj, learned counsel appearing for the petitioner/tenant, in W.P.C. No. 4863 of 2007 submitted that the impugned order was passed in the absence of the landlord whereas as per Section 16 (2) of the Bihar Building (Lease Rent) Control Act (hereinafter referred to as the 'BBC Act'), an opportunity of hearing was to be given to the landlord before passing such order. He further submitted that a petition was filed on 13.4.2002 by the landlord under Section 5 of the BBC Act for fixing fair rent before the House Rent Controller (HRC). In the fair rent proceeding, stand of the landlord was that the agreed rent was Rs. 4,000/- (Rs. four thousand only) per month whereas in the suit filed thereafter it was claimed that agreed rent was Rs. 3,000/- (Rs. three thousand only) per month. It is further submitted that as per the decree passed in the suit confirmed by the appellate court, the rent payable was Rs. 1,000/-(Rs. one thousand only) per month. He lastly submitted that the tenant has handed over the vacant possession of the premises on 23.11.2007;