- (1.) The present writ petition has been filed for quashing/setting aside the order dated 15th October, 2008 (Annexure-7 to the writ petition) passed by the House Rent Controller-cum-Sub Divisional Officer, Saraikella in Execution Case no.4 of 2004, whereby though the said authority directed the respondent no.7-Falaria Officer, Falaria Control Unit, Jamshedpur Office, Saraikella to make payment of rent of Rs.2,73,342.80, yet declined to pass any order on the point of interest to be paid to the petitioner in terms with the agreement. Further prayer has been made for issuance of direction upon the State respondents preferably the respondent no.2 to ensure the payment of arrears of rent in favour of the petitioner which has not been paid despite different orders passed in fair rent fixation case.
(2.) The factual matrix of the case is that the mother of the petitioner and the respondent no.7 had entered into an unregistered agreement on 2nd January, 1982 to lease out the premises, known as Gayatri Bhawan, Adityapur, Jamshedpur. The said agreement was extended on 5 th November, 1993 till alternative arrangement of the premises was made by the respondent no.7. The fair rent of the said premises was determined thrice by the respondent no.6- House Rent Controller-cum- Sub Divisional Officer, Saraikella. The first determination was made vide Order no.1653 dated 30th June, 1982 determining the rent @ Rs.1347/- per month, second determination vide Order no.610 dated 8th February, 1991 fixing rent @ Rs.2020/- per month and third determination vide Order no.229 dated 28th May, 2002 fixing rent @ Rs.6000/- per month with effect from 24th August, 2001, which continued till filing of the present writ petition. On the applications of the mother of the petitioner seeking payment of due rent, the respondent no.6 passed Order No.1235 dated 18th October, 1993 in BBRC Case No.1 of 1993; Order No.885 dated 23rd October, 1999 in BBRC Case No.3 of 1999; and Order No.60 dated 4th June, 2004 in BBRC Case no.1 of 2003, directing the respondent no.7 to pay fair rent without any further delay. The mother of the petitioner, namely, Gayatri Devi filed Execution Case no.4 of 2004 for payment of Rs.21,17,786/- as rent from 1981-82 to 2007-08, however, the same was kept pending, compelling her to file a writ petition, being W.P.(C) No.2510 of 2007, which was disposed of by a coordinate Bench of this Court vide order dated 3rd October, 2007 with a direction to the respondent no.6 to dispose of the said execution case without any further delay preferably within a period of six weeks. Thereafter, another writ petition, being W.P.(C) No.3833 of 2010 was filed by the father of the petitioner, which was dismissed as withdrawn vide order dated 18th November, 2010. Subsequently, Execution Case no.4 of 2004 was disposed of by the respondent no.6 with a direction to the respondent no.7 to pay Rs.2,73,342.80 to the petitioner on account of due amount of rent of the premises in question. However, the claim of additional amount i.e. interest over the due amount of rent was denied by the respondent no.6 by observing that the said demand has not been determined by any competent court of law.
(3.) Learned counsel for the petitioner submits that the mother of the petitioner is the actual owner of the premises in question, who executed power of attorney in favour of the petitioner to take care of the rent relating to the premises in question. It is further submitted that the court below has passed the impugned order without any application of mind that too contrary to the earlier orders passed, the copies of which have been annexed as Annexure-4 series to the writ petition. The respondent no.6 has committed serious error in calculating the rent and thus deprived the petitioner of the lawful rent to be paid by the respondent no.7. It was mutually agreed between the mother of the petitioner and the respondent no.7 that in case of failure of the respondent no.7 in clearing entire arrear of monthly rent in time, the petitioner would be entitled to get comprehensive rent by adding 2% extra per month for such default of non-payment of rent till the date of actual payment.;