SHANKAR SAH Vs. VIKASH KUMAR

JUDGEMENT

(1.) I have heard Mr. Aaditya Narayan Singh No. 1 on behalf of the petitioner and the learned counsel, Mr. Jitendra Kishore Verma on behalf of the respondent.

(2.) This application has been filed by the tenant-defendant-petitioner challenging the order dated 29th July, 2009 passed by Munsif-lllrd, Patna in Eviction Suit No. 22 of 2007 directing the petitioner to deposit arrears of rent as well as current rent at the rate of Rs. 2,000/- per month.

(3.) The only question raised by the petitioner is that in a suit for personal necessity under Section 11(1)(c) of the Bihar Building (Lease, Rents Eviction) Control Act, 1982, the Court has no jurisdiction to direct the petitioner to deposit arrears of rent prior to institution of the suit. The plaintiff is subsequent purchaser of the suit property and became the landlord since 29.1.2007 and the suit has been filed on 7.9.2007. According to the learned counsel, the learned Court below could not have directed the petitioner to deposit arrears of rent prior to date of institution of the suit. However, it is submitted that the petitioner has already deposited the rent as directed by this Court by terms of order dated 24.6.2011 from the date ot institution of the suit.