- (1.) Heard.
(2.) This writ petition has been filed for setting aside the order dated 4.6.2009 (annexure 4) and 3.9.2009 (annexure 6) passed by the learned Munsif, Koderma in Eviction Suit No. 4 of 2007 allowing the petition filed on behalf of the plaintiff-landlord-respondent under Section 15 of the Bihar Building Act (for short 'the Act') and rejecting the subsequent petition filed on behalf of the petitioner.
(3.) On the petition filed under Section 15 of the Act after hearing the parties and considering the materials on record in details, the learned court below has directed the tenant-petitioner to deposit Rs. 300/-per month against rent from March 2008 till May 2009 and also current and future rent. The operative portion of the order dated 4.6.2009 reads as follows. "On the above discussion, I find and hold that, who is landlord of suit premises, it is subjudice before this court, but the status of Df. in the suit premises is only tenant. The Df. himself admitted that he is tenant in the suit premises @ of Rs. 300/- per month and documents filed by the Dfs. shows this fact that he paid the rent of suit premises till the month of February '08 to C.H.Comp. So, Df. is directed to deposit the arrear rent from the month of March '08 till May '09 @ of Rs. 300/-per month within 15 days of this order. The Df. also directed to deposit the present and future rent of the suit premises within the pendency of this suit for every month on or before 15th day of next succeeding month. Failing which the defence of Df. against the ejectment shall be struck off. This matter that, who is entitle the rent of suit premises, it will be decided at the time of judgment....";