- (1.) In this application the petitioner has prayed for quashing the order dated 19/9/2005 passed by learned 1st Munsif, Dhanbad in Title Suit No. 29/2002, where by the application filed under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred as the said Act) has been disposed of in favour of the landlord-plaintiff directing the tenant-petitioner to deposit rent @ Rs. 600/- per month.
(2.) The grievance of the petitioner is that while disposing of the application under Section 15 of the said Act, the Court below has made certain observations on the merit of the case and has decided the relationship between the parties as landlord and tenant. Second grievance of the petitioner is that while fixing the rent learned court below has not considered the municipal assessment register as such the impugned order is vitiated.
(3.) Section 15 of the said Act reads as follows:- "15. Deposit of Rent by tenants in suits for ejectment. -(1) If, in a suit for recovery of possession of any building the tenant contests the suit as regards claim for ejectment, landlord may move an application at any stage of the suit for order on the tenant to deposit rent month by month at a rate at which it was last paid and also subject to the law of limitation, the arrears of rent, if any and the Court after giving opportunity to the parties to be heard may make an order for deposit of rent month by month at such rate as may be determined and the arrears of rent, both before and after the institution of the suit if any and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of order or the rent at such rate for any month by the fifteenth day of the next following month, the Court shall order the defence against ejectment to be struck off and the tenant to be placed in the same position as if he had not defended the claim to ejectment and further the Court shall not allow the tenant to cross-examine the landlord's witnesses. (2) If in any proceeding referred to in subsection (1) there is any dispute as to the person or persons to whom the rent is payable, the Court may direct the tenant to deposit in Court the amount payable by him under sub-section (1) and in such case no person shall be entitled to withdraw the amount in deposit until the Court decides the dispute and makes an order for payment of the same. (3) If the Court is satisfied that any. dispute referred to in sub-section (2) has been raised by a tenant for reasons which are false or frivolus the Court may order the defence against the eviction to be struck off and proceed with the hearing of the suit as laid down in sub-section (1)".;