IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1056 of 2008 MUNNA & ANR Versus KRISHNA CHANDRA BISHNOI ----------- 3 5.8.2008 Heard Counsel for the petitioner. This Court does not find any error in the impugned order dated 11.6.2008 whereby and whereunder the Court below under exercise of power under Section 15 of the B.B.C. Act has directed the petitioner to pay the rent of Rs. 1450/- per month, being the last rent paid, from July, 2006. Counsel for the petitioner with reference to the plaint and written statement has submitted that initially there was no averment in the plaint as with regard to any arrear of rent and therefore, the plaintiff, landlord was precluded from claiming such payment of arrear of rent by filing an application under Section 15 of the B.B.C. Act. In the opinion of this Court, if paragraph no.4 of the plaint is perused and its reply in paragraph no.13 is taken into consideration, this would be clear that defendant, tenant, petitioner in fact had given altogether different shape to the averments of plaintiff, landlord, opposite party as with regard to relationship of landlord and tenant. In that view of the matter, when the Court below took into consideration the agreement showing relationship of landlord and tenant between the petitioner and the opposite party and also arrived at a finding that certain rent were paid by the petitioner for the period up to the month of June, 2006 and 2 arrear of rent from July, 2006 was payable by the petitioner this Court would not interfere with such findings of fact for reversing the impugned order under Section 15 of the B.B.C. Act. At this stage, Counsel for the petitioner has referred to a judgment of this Court in the case of Rana Ranjit Singh Vs. Arjun Sharma reported in 2005 (2) PLJR 366 to contend that an order under Section 15 cannot and should not be passed on a mere assertion of the plaintiff/landlord without there being any material to support of the same and without any enquiry heldby the Court below. In the opinion of this Court, the aforementioned judgment will have no application to the facts of this case because the Court below in its rather detailed and elaborate impugned order has not only given full particular of enquiry with regard to last rent paid but has also recorded clear findings in this regard. That being so, this Court does not find any merit in this civil revision application and, accordingly, the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)