GURU PRASAD Vs. SADHU SHARAN PRASAD

JUDGEMENT

(1.) This reference to a larger Bench was made in view of the order of a Division Bench of this Court dated 5-4-1990.

(2.) The short facts of the case are as follows : The plaintiff filed a suit in the year 1974 for a decree of eviction of the defendant, inter alia, on the ground that the lease expired on 30th April, 1973 and the period of notice under Section 106 of the Transfer of Property Act had also expired. The suit premises is located at Garhwa in the district of Palamu at the relevant time, the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (for short 'the 1947 Act') as extended from time to time was in force, 1947 Act did not apply to time was in force, 1957 Act did not apply to Garhwa. The Act was replaced by 1977 Act with effect from 1st April, 1977 Act also did not apply to Garhwa. On 20th November, 1979 the suit was decreed by the trial court in favour of the plaintiff-landlord, 1977 Act was replaced by the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (for short '1982 Act') with effect from 1st April, 1982 Act was made applicable to the whole of State of Bihar. On 31st March, 1982 the appeal preferred by the tenant was dismissed. Thereafter the present second appeal was filed by the tenant.

(3.) Section 11 (1) of 1982 Act provides as follows : - -