HEMLATA Vs. SATYA NARAIN KANDU

JUDGEMENT

(1.) Petitioners are owners of a shop 12' x 8' in dimension situated in New Dak Bunglow Road, Patna. It was part of Holding No. 382-B of Patna Municipal Corporation, which was let out to the opposite party. He defaulted in payment of rent. Title Suit No. 201 of 1983 was filed for defendant's eviction on the ground of bona fide requirement, sub-letting and default in payment of rent.

(2.) The said eviction suit was decreed by this Court on the ground of default in payment of rent. The matter went to the apex Court. Eviction decree passed by this Court was set aside and the landlord was given liberty to initiate fresh proceedings, if permitted under law on any of the grounds, which may be available to them after 12.11.1983.

(3.) In the meantime, the Rent Controller determined fair rent of the premises @ Rs. 500.00 per month. However, an appeal was filed against the order of Rent Controller and was pending at that time. As such, apex Court directed the tenant to pay a sum of Rs. 750.00 per month with effect from 1.8.1995. The Counsel for the landlady also undertook to withdraw the appeal filed against the order of House Controller before the Collector, Patna.