- (1.) Petitioners, by way of filing the present writ petition under Article 227 of the Constitution of India, have prayed for issuance of an appropriate writ/ order/ direction for quashing and setting aside the order dated 17.7.2007 passed by 1st Additional Munsif, Dhanbad in Title (Eviction) Suit No. 10/2005, whereby the learned court-below allowed the application filed by the plaintiff/ respondent under Section 15 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 and thereby directed the petitioners/ defendants to deposit the arrears of rent since prior to 36 months of the filing of the suit at the rate of Rs.175/- per month as well as the current rent in the court.
(2.) Heard the learned counsel for the petitioners/ defendants and perused the impugned order as well as other materials placed on record.
(3.) Learned counsel for the petitioners/ defendants submitted that the learned court-below has not properly considered the various grounds agitated by the petitioners/ defendants before the learned court-below, including the scope of Section 15 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982. It is further submitted that the premises, in question, was purchased by the defendant No.2 in the year 2001 and accordingly, the amount has also been paid.;