Dismissed

Dr. Anjishnu Prakash v. Chandramauleshwar Prasad

Patna HC7 May 2018C.Misc./1125/2017

Case brief

AI extract

What is this about?

The Patna High Court dismissed a civil miscellaneous petition challenging a Munsif's order in an eviction suit. The appellant argued that arrear rent could not be recovered before the suit was filed. The court found no illegality in the order for post-suit arrears and directed a decision on pre-suit arrears at the judgment stage.

What did the court decide?

Civil Miscellaneous petition dismissed. Expediting of hearing directed.

Dr. Anjishnu Prakash Vs Chandramauleshwar Prasad — Landlord and Tenant | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CIVIL MISCELLANEOUS JURISDICTION No.1125 of 2017

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===========================================================

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Dr. Anjishnu Prakash, son of Dr. Ayodhya Prasad Singh, resident of M.I.G. House No. 45, Kankarbagh Colony, P.S. Kankarbagh, Town and District- Patna.

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.... .... Petitioner Versus

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Chandramauleshwar Prasad, son of Gopal Prasad, Prop. Guideline, House No. 143/B, P.C. Colony, Kankarbagh, P.S. Kankarbagh, Town and District- Patna.

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.... .... Respondent

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=========================================================== Appearance : For the Appellant/s : Mr. Pankaj Maijorwar For the Respondent/s : Mr.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT

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Date: 07-05-2018

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Heard learned counsel for the petitioner.

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The petitioner being plaintiff is aggrieved by the order dated 27.06.2016 passed in Eviction Suit No.108 of 2015 by which the learned Munsif-III, Patna partly allowed the petition of the petitioner filed under Section 15 of the B.B.C. Act and the defendant is directed to pay arrears of rent at the rate of Rs.2000/- per month from the date of institution of the suit.

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Learned counsel for the petitioner submits that Section 15 of the B.B.C. Act does not prohibit the realization of arrears of rent prior to filing of the suit but the learned Munsif-III, Patna allowed the petition of the petitioner for arrears of rent after the date of institution of the suit. Therefore, the order is bad and the defendant be directed to

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Patna High Court C.Misc. No.1125 of 2017 dt.07-05-2018

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2/2

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pay the entire arrears of rent from the month of January, 2011.

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From perusal of the record, I do not find any illegality in the order. The learned Munsif has allowed the petition filed under Section 15 of the B.B.C. Act for payment of arrears of rent, after institution of the suit at the rate of Rs. 2000/- per month and the matter of payment of arrear of rent before institution of suit is to be decided at the time of judgment.

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Accordingly, I do not find any merit in this Civil Miscellaneous petition and the same is dismissed.

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The learned court below may expedite the hearing of the

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suit.

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(Prabhat Kumar Jha, J)

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Amit/-

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AFR/NAFR	NAFR
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UploadingDate	09.05.2018
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Dr. Anjishnu Prakash v. Chandramauleshwar Prasad

Case brief

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Dr. Anjishnu Prakash v. Chandramauleshwar Prasad

Case brief

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