S C TENJA Vs. HOUSE CONTROLLER CUM SUB DIVISIONAL MAGISTRATE PATNA

JUDGEMENT

(1.) This is an application for quashing of the order dated 16-1-1982, taking cognizance, under Section 25. Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977 (hereinafter referred to as the Act) in case No. 18 (M) 82/Tr. No. 1952/82 by the learned Chief Judicial Magistrate, Patna.

(2.) The facts, leading to the present prosecution, are briefly stated here-under : The petitioner was a tenant occupying the ground floor of house No. 207, situate at Patliputra Colony, Patna, belonging to Dr. S. M. Hussain, who is opposite party No. 2 (hereinafter referred to as the landlord). The relationship of landlord and tenant is an admitted fact.

(3.) The landlord had filed an application for the fixation of fair rent of the concerned portion of the building occupied by the tenant, under S . 5 and 8 (b) of the Act, which was registered as B. B. C. Case No. 426 of 1980. The learned House Controller by his order dated 28-11-1980, had fixed the fair rent at Rs. 970/- per month with effect from 20-5-1980, which was the date of filing of the application.