Mr. Pratyush Kumar vs Unknown
2024 Latest Caselaw 3424 Jhar

Jharkhand High Court

Mr. Pratyush Kumar vs Unknown on 21 March, 2024

Author: S.N. Pathak

Bench: S.N.Pathak

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      C.R. No.4 of 2020
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CORAM: HON'BLE DR. JUSTICE S.N.PATHAK

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For the Petitioner : Mr. Pratyush Kumar, Advocate For the O.Ps. : Mr. Bhaiya Viswajeet Kumar, Advocate

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16/ 21.03.2024 Heard the parties.

It has been argued by the learned counsel for the petitioner that on account of non-compliance of Section 15 of the Jharkhand Building (Lease, Rent & Eviction Control Act, 2011), the petitioner cannot be asked to vacate the premises i.e. by way of eviction to substantiate his claim.

Learned counsel places heavy reliance on the judgment of Hon'ble Apex Court in the case of Inter-State Transport Agency v. Bibi Habiba Khatoon, reported in (1998) 4 SCC 70.

Learned counsel for the opposite parties submits that since the petitioner has thrown the challenge to the order of eviction by the trial court, it was incumbent upon him to deposit the rent first and then to challenge the order of eviction, which has not been done. The Court may direct the petitioner to deposit the amount in compliance of trial court's order dated 06.03.2017.

Put up this case on 09.05.2024.

(Dr. S.N. Pathak, J.) Rohit-