- (1.) HEARD Mr. P.K. Prasad, learned counsel for the petitioner and Mr. M.K. Dey, learned counsel for the Respondents.
(2.) WITH the consent of the learned counsel for the parties, this case is taken up for disposal at the stage of admission. Challenge in this writ application under Article 227 of the Constitution of India, is to the order dated 12.6.2008, passed by the Special Judge -I, Chaibasa in Eviction Suit No. 1 of 2007, whereby the petitioner's application under Section 15 of the J.B.R.C. Act, 1982, has been rejected. Besides praying for quashing of the impugned order, the petitioner has also prayed for a direction upon the Respondent to deposit the rent as claimed by the petitioner in his petition dated 14.12.2007, under Section 15 of the Act.
(3.) FACTS of the case in brief are that the petitioner/plaintiff had filed the Eviction Suit No. 1 of 2007 before the court below against the respondent/defendant on the ground of default and personal necessity claiming himself to be the landlord of the suit properties.;