RAJ KUMAR PRASAD Vs. UCHIT NARAIN SINGH

JUDGEMENT

(1.) This is an appeal by the plaintiff landlord against a judgment and decree of reversal. The appellant instituted the suit, out of which this appeal arises, on the 10th of Feb., 1968, for eviction of the tenant respondent from the building let out to the latter. The suit was brought under the provisions of Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act 1947 (Bihar Act 3 of 1947) hereinafter to be referred to as the Rent Act. It may not be out of place to mention here that the Rent Act ceased to have any force after the 31st of March, 1976, but Bihar Act 16 of 1977 has been given retrospective effect from the 1st of April, 1976. The provisions of the Rent Act have been, for all material purposes, perpetuated up to the 31st March, 1981.

(2.) The appellant had got a decree for eviction in his favour in the trial court. The court of appeal below however, has reversed the decree and dismissed the appellant's suit.

(3.) The appeal involves some interesting, although vexed, questions of law. The learned single Judge, before whom the appeal was initially placed for hearing, referred it to a Division Bench. When it came to be heard by two of the learned Judges of this Court (Lalit Mohan Sharma and S. Shamsul Hasan, JJ.), they found that there were some conflicting Bench decisions of this Court on 2 points and, therefore, expressed the view that the case be referred for decision by a Full Bench. Hence the case before us.