Jharkhand High Court
Smt. Sharda Devi vs Yashpal Chawla on 7 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.R. No. 03 of 2021
With
I.A. No. 1534 of 2021
1.
Smt. Sharda Devi
2. Sri Anup Lath
3. Kamal Lath
... ... Defendants/Petitioners
Versus
1. Yashpal Chawla
2. Pawan Kumar Chawla
3. Sanjay Chawla
4. Akash Chawla
... ...Plaintiffs/Opp. Parties
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners :- Mr. Rohitashya Roy @ Rohit Roy, Advocate
For the Opp. Parties :- Mr. Deepankar Roy, Advocate
Mr. Piyush Chitresh, Advocate
04/07.06.2021 The present case is taken up through video conferencing.
Learned counsel for the petitioners undertakes to remove the
defects, as pointed out by the office, within a period of two weeks.
The present civil revision has been filed invoking proviso to
Section 21(8) of the Jharkhand Building (Lease, Rent and Eviction)
Control Act, 2011 (in short, "the Act, 2011") challenging the judgment
dated 05.02.2021 passed by the House Rent Controller-cum-Sub-
Divisional Officer, Sadar, Chaibasa in J.B.C. Case No. 05 of 2018
whereby the eviction suit preferred by the plaintiffs/opposite parties
under Section 19 (1) (c) and (e) read with Section 21 of the Act, 2011
has been decreed in their favour. A copy of order as contained in memo
no. 179 dated 04.06.2021 issued by the Sub-Divisional Officer, Sadar,
Chaibasa has also been transmitted to the Court through e-mail by the
learned counsel for the petitioners whereby a magistrate has been
deputed to evict the petitioners from the premises (shop) in question
on 07.06.2021 (i.e. today) at 10:30 a.m. requesting the Superintendent
of Police, West Singhbhum, Chaibasa to depute sufficient number of
armed police force.
Learned counsel for the petitioners submits that the House Rent
Controller, Chaibasa disposed of J.B.C. Case No. 05 of 2018 hurriedly
without providing due opportunity to the defendants/petitioners to
adduce their evidences. It is further submitted that on 22.12.2020, an
application on behalf of the defendants/petitioners was filed before the
House Rent Controller, Chaibasa for examination of the witnesses by
furnishing list of witnesses. The petitioner no.3- Kamal Lath also filed
an application for examining himself as a witness after examination of
the other witnesses. On 05.01.2021, the defendants/petitioners
requested for time for leading evidence, however their application was
rejected. Subsequently on 22.01.2021, the defendant no. 3/petitioner
no. 3 was though present for his evidence and also filed his
examination-in-chief, however without taking any effective step on the
said date, the case was adjourned fixing the next date as 05.02.2021.
Subsequently, the House Rent Controller, Chaibasa passed judgment
on 05.02.2021 in J.B.C. Case No. 05 of 2018 allowing the eviction suit
filed by the plaintiffs/opposite parties. The order-sheet of J.B.C. Case
No. 05 of 2018 would clearly suggest that the learned House Rent
Controller, Chaibasa has disposed of the said case in haste without
providing due opportunity to the petitioners to adduce their evidences.
Though the present civil revision was filed on 24.02.2021, yet
subsequently the order as contained in memo no. 179 dated 04.06.2021
was issued by the Sub-Divisional Officer, Sadar, Chaibasa-cum-House
Rent Controller whereby a magistrate along with armed police force has
been deputed for eviction of the petitioners from the premises (shop)
in question on 07.06.2021 i.e. today at 10:30 a.m. It is also submitted
that the petitioners have a good case and hence they may be protected
from eviction till pendency of the present civil revision.
The petitioners have also filed I.A. No. 1534 of 2021 seeking stay
of the impugned judgment dated 05.02.2021 passed by the House Rent
Controller-cum-Sub-Divisional Officer, Sadar, Chaibasa in J.B.C. Case
No. 05 of 2018.
Issue notice to the opposite parties.
Call for the original case records of J.B.C. Case No. 05 of 2018
from the court of House Rent Controller-cum-Sub-Divisional Officer,
Sadar, Chaibasa.
Mr. Piyush Chitresh, Advocate, appears and waives notice on
behalf of the opposite parties. He undertakes to file Vakalatnama on
behalf of the opposite parties within a week. He also prays for and is
allowed four weeks' time to seek instruction and file counter affidavit.
Put up this case under the heading "For Admission" in the week
commencing from 12th July, 2021.
In the meantime, the execution of judgment dated 05.02.2021
passed by the House Rent Controller-cum-Sub-Divisional Officer, Sadar,
Chaibasa in J.B.C. Case No. 05 of 2018 as well as order contained in
memo no. 179 dated 04.06.2021 issued by the said authority shall
remain stayed.
I.A. No. 1534 of 2021 stands disposed of.
(Rajesh Shankar, J.)
Ritesh
