ALTAMAS KABIR, J. - (1.) THIS matter has ben referred to the Division Bench by the learned single Judge by an order dated 16th December, 2004 in view of the conflicting judgment in the case of Md. Khaliquz Zaman v. H.C. Joshi, 1999(1) Pat LJR 362 and in the case of Hardeo Prasad v. Depot Manager, Biscomaun, Hilsa, 1997(2) BLJR 1400 : (AIR 1997 Patna 137).
(2.) THE instant application raises a short, but interesting point of law as to whether an order passed by the Rent Controller under sections 5 and 6 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 determining the fair rent of a premises can be executed as a decree without taking recourse to a money suit ? The other question which also arises as a consequence is whether the order passed by the Rent Controller can be treated to be a decree so as to be capable of execution by a civil Court under section 23 of the aforesaid Act. The petitioner's case is that the respondents herein filed HRC Case No. 52 of 1993 under section 5 of the aforesaid Act for determination of fair rent of the premises in question and by order dated 14th July, 1997, the Rent Controller fixed Rs. 3100/- (Rupees three thousand and one hundred) per month to be the fair rent for the said premises.
(3.) THE petitioner filed an appeal before the Deputy Commissioner under section 24 of the aforesaid Act and the order of the Rent Controller was confirmed in appeal. The revision filed by the petitioner under section 26 of the Act was dismissed by the Commissioner. A comprehensive writ petition, being WP (C) No. 1278 of 2003, is said to be pending for disposal against the said order. In the meantime, the respondents have commenced execution proceedings and have filed an application for execution of the decree in the Court of the Subordinate Judge-1 at Jamshedpur by way of Execution Case No. 7 of 2003. By order dated 3rd December, 2003 the learned court below admitted the execution case and issued notice to the judgment debtor/the petitioner through the process of the Court. The admission of the execution case by the learned Court below has been challenged in the instant proceedings as being without iurisdiction on the ground that the order passed by the Rent Controller cannot be treated to be a decree capable of being executed without filing of a separate suit.;