IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1454 of 2006 PANNA LAL SAH Versus RAGHUWAR SHARAN ----------- 2 4/9/2008 Heard counsel for the petitioner. In the opinion of this Court relationship of landlord and tenant being admitted, this Court would not interfere with the order passed by the court below directing payment of arrears and current rent under section 15 of the B.B.C. Act. The dispute regarding the amount of last rent paid by the petitioner and its being Rs. 2,500/- per month and not Rs. 7,000/- per month as claimed by the plaintiff-landlord in the application under section 15 of the B.B.C.Act has also been examined by the Court below at length and its findings that such rent of the premises in question was Rs. 7000/- per month being based on materials on record including payment of such amount by cheques issued by the petitioner cannot be interfered by this Court. In that view of the matter, the petitioner must pay rent both arrears and current as directed by the court below in 2 the impugned order passed under section 15 of the Act. It is, however, made clear that this issue as to what was the rent payable by the petitioner would be also gone into as one of the issue in the suit and in case it is found that the rent payable by the petitioner was only Rs. 2,500/- per month and not Rs. 7,000/- per month the Court below would pass an appropriate order at the time of final disposal of the suit. The suit being of the year 2002 has remained pending till today on the issues of payment of rent under Section-15 B.B.C. Act and therefore the petitioner must pay such arrear of rent to the opposite party within a period of three months from today and the current rent from month to month basis failing which the defence of the petitioner against his ejectmate shall be struck off. With the aforementioned observations and directions this Civil Revision application is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar