GURUBACHAN SINGH OBEAL Vs. ARYA DHARMA SEWA SANGH

JUDGEMENT

(1.) This is a defendant's second appeal against the judgment and decree dated 23rd March, 1977 of the Additional Subordinate Judge, 2nd, Patna, confirming the decision of the Munsif 3rd, Patna, dated 29th Sept., 1975, passed in Title Suit No. 214 of 1971. The suit was brought on 22nd Dec., 1971, for eviction of the appellant from a building situated at Birla Mandir Path, Patna on the ground of non-payment of rent and personal necessity. It was alleged that rent was due from 1966 up-to-date. The defendant-tenant denied to be a defaulter. He also pleaded that the plaintiff had no personal necessity of the suit premises. The two courts below accepted the case of the plaintiff and agreed the suit for eviction.

(2.) The facts, in brief, are that on 25th May, 1973, the trial court passed an order on the defendant to deposit the arrears of rent from April 1966 up-to-date and also to go on depositing the current and future rent. On 18th April, 1974, the deience of the defendant was struck out for not depositing the rent as ordered by the trial court and the court directed for ex parte hearing. As against this order striking out the defence a Civil Revision 649 of 1974 was filed in this Court which was not admitted and was summarily dismissed on 24th July, 1974.

(3.) At the time of admission Mr. Sree-nath Singh learned counsel appearing for the tenant-defendant contended that no arrears of rent in respect of any period prior to the institution of the suit could be directed to be deposited under Section 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 and hence the order of the trial court was illegal and without jurisdiction and no defence could be struck out for non-compliance of that order. After hearing his argument the following two points were formulated by this Court under Section 100 (4) of the Civil P. C. for decision: