M.Y.EQBAL, J. - (1.) THIS revision application is directed against the order dated 7.12.2002 passed by Sub -Judge, IV, Dhanbad in Title (Eviction) Suit No. 1/2001 whereby he has allowed the application filed by the plaintiffs/opposite parties under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short the said Act) and directed the defendant -petitioner to deposit the arrears of rent from June, 1998 as also the current rent on or before the 15th day of the continuing month.
(2.) THE facts of the case lie in a narrow compass. The plaintiffs/opposite parties who are the sons of Hazi Sahadul Mian, filed the aforementioned suit for eviction of the defendant -petitioner from the suit premises and also for recovery of arrears of rent. Plaintiffs' case is that they are the owners of the suit premises and the defendant is the monthly tenant under them on monthly rent of Rs. 175/ - per month. It is alleged that the defendant defaulted in payment of rent from March, 1998 and as such, became liable for eviction. The defendant -petitioner contested the suit by filing written statement denying and disputing the relationship of landlord and tenant. Defendant's case is that the suit premises was constructed by his father -in -law, Md. Yasin who Is the brother of the plaintiffs and he has been residing with his father in -law in the suit premises with his family members. It is alleged that the defendant was never inducted by the plaintiffs as tenant in the suit premises nor he has ever paid rent to them. As a matter of fact, the suit premises was allotted in the share of the father In -law of the defendant who has been residing there with His daughter.
(3.) DURING the pendency of the suit the plaintiffs filed a petition under Section 15 of the said Act for direction to the defendant to deposit arrears of rent as also the current rent. In support of his claim theplaintiffs filed counter foil rent receipt book showing payment of rent by the defendant to the plaintiffs.;