HARIHAR PRASAD & ORS. Vs. SHASHIDHAR DAS

JUDGEMENT

(1.) It is true that an interesting question of law arises for determination in this appeal; but this appeal which is pending for the last over 12 years in this Court is against an interlocutory order passed by the Trial Court under section 11A of the Bihar Rent Control Act in an eviction suit No. 42 of 1970 which is still pending in the Court of Sub-Judge, First Court, Muzzafarpur. It is unfortunate that an eviction suit of 1970 filed by the landlord against his tenant on the ground of default in payment of rent for over two months and also on the ground of personal necessity has not yet been disposed of for over 15 years simply because against an interlocutory order passed on an application under Sec. 11-A of the Bihar Building (Lease, Rent, Eviction) Control Act, 1947 this appeal is pending in this Court. This is a very sorry state of affairs.

(2.) Counsel for the appellant informed us that the question raised in this appeal is whether under Sec. 11-A of the said Act the Court could call upon the defendant to deposit arrears of rent which were not claimed in the suit and which were barred on the date of the suit under the law of Limitation and on this question conflicting decisions have been rendered by different Benches of the Patna High Court. But it is unfortunate that this question should have delayed hearing of the suit on merits in accordance with law which could have been done long before but for the pendency of this appeal in the Court and this question in a different form could have been decided by the Trial Court while finally disposing of the suit on merits. In this situation counsel for both the parties stated that it would be proper and advisable to have the suit itself disposed of as expeditiously as possible rather than prolonging the life of that suit by entertaining and deciding this appeal which is against an interlocutory order.

(3.) The appeal is, therefore dismissed as not pressed with no order as to costs and we direct the Trial Court to dispose of the suit on merits in accordance with law as expeditiously as possible and preferably within six months from the date of the receipt of this order by it and further direct, while finally disposing of the suit by a decree to determine the question as to the quantum of arrears, if any which the tenant under law will have to pay to the landlord.