PARMESHWAR PRASAD DARUKA Vs. PARMESHWARI DEVI

JUDGEMENT

(1.) The respondent herein is the landlord of the premises of which the appellant is the tenant. The landlord filed a suit for eviction of the tenant on the ground of default in payment of arrears of rent as well as on his bona fide need for the premises.

(2.) The trial court found that the need of the landlord was not bona fide but came to the conclusion that the tenant has committed default in payment of rent and as such is liable to be evicted. However, the trial court instead of passing the order of eviction of the tenant passed a conditional order that in case the tenant deposits the entire arrears of rent within the period of three months, the decree for ejectment would not be executed against the tenant.

(3.) The tenant filed an appeal against the said conditional order passed by the trial court. The first appellate court held that such a condition was repugnant to the provisions of the Bihar Buildings (Lease, Rent and Eviction) control Act, 1977 and therefore set aside that part of the decree of the trial court.