GANESH RAM Vs. RAMLAKHAN DEVI

JUDGEMENT

(1.) This second appeal arises out of a suit filed by the plaintiffs-respondents for eviction of the defendant-appellant from a house and for recovery of arrears of rent as detailed in Schedules A and B of the plaint. The suit to which the Bihar Buildings (Lease, Rent and Eviction) Control Act 1947 (hereinafter referred to as 'the Act') applied, was filed on 9-8-66 on the grounds covered by Section 11 of the Act. It was, inter alia, alleged that the rent for the period November, 1964 to July, 1966 at the rate of Rs. 38/- per month was in arrears. The defendant filed a written Statement challenging the statements made in the plaint and further claiming set off in respect of certain amount spent ever the repairs of the house.

(2.) On 2-6-1967, the plaintiffs filed an application under Section 11A of the Act for a direction to the defendant to deposit the rent -- past, current and future. In his rejoinder, the defendant claimed certain deductions by way of liability of the plaintiffs towards repairs of the house and averred that a sum of Rs. 493.86p. only was due. However, the trial court by its order dated 28-6-1967 directed the defendant to deposit the entire rent for the period November, 1964 to June, 1967 amounting to Rs. 1178.00. The defendant did not, however, make any deposit and on 20-7-1967 the Court passed an order striking off the defence and directing ex parte hearing of the suit.

(3.) The suit was taken up for trial accordingly and the defendant was not permitted to lead evidence in support of his defence to the prayer for eviction. On 80-9-1967, a decree was passed in favour of the plaintiffs and the defendant appealed. The lower appellate court allowed the appeal on 16-6-1971 and remanded the matter to the trial court for fresh hearing after giving the defendant an opportunity to cross-examine the plaintiffs' witness. The plaintiffs' witness was accordingly recalled by the trial court for cross-examination by the defendant, but the defendant was not permitted to lead any evidence in support of his defence. The suit was again decreed on 8-9-1973 and the defendant once more filed an appeal which was dismissed by the lower appellate Court on 28-8-1975. The defendant has now come to this Court in second appeal.