In this civil miscellaneous petition, the petitioner challenged an order directing him to deposit rent in court. The court rejected submissions that the petitioner was not the tenant, found the lower court correct, and dismissed the petition.
Petition dismissed; order directing deposit of rent in court stands upheld.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1517 of 2018
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Mritunjay Singh, Son of Ram Binay Singh, Proprietor of M/s Shivam Auto Parts, Resident of Village Jahangirpur, P.S. Gaighat, District Muzaffarpur, at present at Village Singhwara, P.O. & P.S. and Anchal Singhwara, District Darbhanga.
... ... Petitioner
Versus
... ... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Pramod Kumar Singh For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 01-11-2018 Heard the learned counsel for the petitioner.
Petitioner has filed this civil miscellaneous petition
for setting aside the order dated 26.07.2018, passed by the learned Munsif-I, Darbhanga in Eviction Suit No.16/2016, R- 16/16 by which the petitioner has been directed to deposit rent in the Nazarat of the civil court.
The learned counsel for the petitioner submits that the landlord of the petitioner is another person. Petitioner never
Patna High Court C.Misc. No.1517 of 2018(2) dt.01-11-2018 2/2
remained the tenant of the plaintiff-respondent and he is paying rent to his landlord but I find no force in the submissions of the learned counsel for the petitioner. The court has rightly directed the petitioner to pay the monthly rent by 15 th of the subsequent month in the Nazarat of the civil court and the same shall not be withdrawn by the plaintiff without the order of the court below.
I do not find any jurisdictional error or illegality in the order impugned. Accordingly, this civil miscellaneous petition is dismissed.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U
1 issue framed by the court
Whether the civil miscellaneous petition for setting aside the order directing deposit of rent to court can be allowed?
1 provisions across 1 enactments
Mritunjay Singh
Suresh Prasad Gupta
Kanhaiya Kumar Gupta
Mukesh Kumar Gupta
Chandan Kumar Gupta
Deepak Kumar Gupta
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
