RAMCHANDRA RAM Vs. RAM RATAN PRASAD

JUDGEMENT

(1.) This is an appeal by the defendant in a suit brought by. the plaintiffs for a declaration that the order passed by the learned Additional Commissioner of Patna & Trihut for ejectment of the defendant (sic) from a house was without jurisdiction and not binding on the plaintiffs.

(2.) The plaintiffs are monthly tenants of a house of which the defendant is the landlord. The plaintiffs had taken lease of the house from the previous owner from whom the defendant purchased the proprietary interest in March, 1944. After some previous unsuccessful attempts to eject the plaintiffs, the defendant filed an application under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, before the Subdivisional Officer for eviction of the plaintiffs on the ground of non-payment of rent. After enquiry, the learned Sub-divisional Officer, by his order dated the 19th May 1949, rejected the defendant's application and allowed the plaintiffs to deposit the rent of the house in Court. Against that order the defendant preferred an appeal to the Commissioner. This appeal was heard by the learned Additional Commissioner who by his order dated the 26th July, 1949 directed the plaintiffs to vacate the house by 27h October 1949. He found that there was non-payment of rent and, therefore, the plaintiffs were liable to be evicted.

(3.) On 17th September 1949, the plaintiffs brought the present suit for a declaration that the said order dated the 26th July 1949 of the learned Additional Commissioner was without jurisdiction and not binding on them. It was alleged that the plaintiffs never defaulted in payment of rent and in fact there was no nonpayment of rent for which they could be evict- ed under the provisions of Bihar Buildings Control Act.