BALBIR DUTTA Vs. ASHISH KUMAR MITRA

JUDGEMENT

(1.) Defendant is the appellant. The respondents filed a suit for eviction of the appellant from a building on the ground of default in paying rent from September, 1977 to December, 1977. Prayer was also made for a decree for arrears of rent. Both the courts below have accepted the case of the respondents.

(2.) The facts are not in dispute. The appellant was inducted as a tenant by Smt. T. M. Mitra. She filed an application under Section 12 (3) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (the Act) for eviction of the appellant. Ultimately, the matter came up to this Court in Civil Revision No. 6 of 1973 (R). On 2-11-1983 it was compromised on the terms that the appellant would pay the arrears of rent amounting to Rs. 3,200/- and that Mrs. Mitra would accept the appellant as a month to month tenant and the latter would contiuue to remain in possession of the building so long he went on paying arrears and current rents and that if he defaulted for one month, the revision application would stand automatically dismissed.

(3.) There was an alleged default in paying rent by the appellant and the order passed in the application under Section 12 (3) was executed against the appellant. Again the matter was brought to this Court by the appellant in Civil Revision No. 1961 of 1979 (R). Before that Mrs. Mitra had died leaving behind the respondents as her heirs. The civil revision application filed by the appellant was allowed by holding that the application under Section 12 (3) was not maintainable. The special leave petition filed by the appellant was dismissed by the Supreme Court.