PARWATI DEVI Vs. SACHCHIDANAND SAN

JUDGEMENT

(1.) When this civil revision application was placed for final hearing before a learned angle Judge of this Court, namely, L. M. Sharma, J., he directed by his order dated 27-7-1981 that the case be placed for hearing before a Division Bench. Thus, the case before us.

(2.) The application arises from the order dated 20th Sept., 1980 passed by the Munsif, 2nd Court, Monghyr, in Title Suit 2 of 1980. By that order, the petition under Section 13 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977 (hereinafter called the '1977 Act') has been allowed at the instance of the landlord plaintiff. The defendant feeling aggrieved by that order has come up to this Court.

(3.) The only question involved in this case is as to whether on a true construction of Section 13 of 1977 Act in a case a tenant who has admittedly been inducted by the landlord, and has never paid any rent to him, the Court is powerless to pass any order for interim relief under Section 13 of the Act.