MAHENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant petitioner was leased out a shop by the Municipality of Bhojpur, Ara. The lease agreement was signed on 11 March 1992. The appellant -petitioner took possession of the shop in January 1993. The appellant petitioner was being difficult in paying rent to the Municipality. The rent, it is stated, is Rs. 150/ - per month, subsequently increased to Rs. 188/ -. The appellant - petitioner apparently resorted to legal engineering on how not to pay the rent and in the circumstances was presented a memo of arrears of Rs. 15,598/ -. If this is to be reckoned with the rate of rent per month then this would be arrears which may be standing between 7 to 8 years. The appellant -petitioner is fortunate that he has not been evicted out of the premises for not having paid the rent. That the appellant -petitioner has occupied the shop and used the shop is not denied. Certain conveniences which were meant to be installed at the shop the appellant - petitioner says had not been installed. There is an issue whether conveniences were meant to be installed or not.

(2.) ON the writ petition the learned judge was not inclined to interfere. The petition was dismissed. The appellant -petitioner has filed the present letters patent appeal. Regard being had to the record, the order of the learned judge on the petition and having heard arguments of learned counsel for the appellant the court is not inclined to interfere in this matter either. Further not paying rent offends equity. The appellant -petitioner would be well advised to clear the bill on the arrears of rent upto date and this he will do with 10% simple interest thereon. This rent may be cleared by the appellant -petitioner within three months from today otherwise he will be liable to be evicted without notice.

(3.) LET a copy of this order be handed over to the State Counsel Mr. S.A. Hussain, S.C. 6, who will send this order to respondent no. 3 the Special Officer Municipality, Bhojpur, Ara.