Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties.
(2.) Private respondent instituted a J.B.C. Case No. 32/2015 in the Court of learned Sub Divisional Magistrate-cum-Rent Controller, Sadar, Ranchi for eviction of the petitioner from the tenanted premises situate at 1st Floor at Kavee Complex building being the portion of Municipal Holding No. 670 and 671 under Ward No. 14, Main Road, P.S. Lower Bazar District Ranchi. The landlord has taken a plea of bona fide personal necessity, default in payment of rent for a period of two months and also expiry of the period of lease. It also allege breach of terms of tenancy.
(3.) Defendant/petitioner herein appeared on notice and contested the case by filing a written statement inter-alia taking the plea that no cause of action arises and the suit as framed, is not maintainable and liable to be dismissed. Other grounds on merits have also been taken in his written statement. The learned Rent Controller passed an order of eviction dated 20.07.2015 (Annexure-3) which was taken in appeal before the Court of Deputy Commission, Ranchi being J.B.C. Appeal No. 21 R 15/2015-16 by the petitioner herein. Learned Deputy Commissioner set aside the order and remanded the matter to the Sub Divisional Magistrate - Rent Controller, Sadar, Ranchi for passing a fresh order on the basis of the evidence adduced by both the parties by order dated 23.09.2015 (Annexure-4). On remand, the learned Rent Controller was requested by the defendant/petitioner herein to frame issues for adjudication which has been declined by the impugned order dated 23.10.2015 (Annexure-6). Learned Rent Controller has taken the plea that in terms of section 21(7) of Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011, proceedings are required to be taken in the manner of a summary proceeding and it shall follow the practise and procedure of a Court of small causes including the recording of evidence.;