ANISURRAHMAN Vs. SARDAR JOGENDER SINGH

JUDGEMENT

(1.) Binod Kumar Roy & Ram Nandan Prasad. JJ.-The plaintiffs, of a suit, filed for eviction on the grounds of expiry of fixed term tenancy and personal necessity, assail validity of an order rejecting their prayer to direct the Defendant-Opposite Party herein to deposit rent as fixed by the House Controller in a fair rent proceedings initiated under section 5 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act) after modifying an earlier order under section 15 of the Act directing the opposite party to deposit the last paid rent.

(2.) This application was admitted to be heard by a Division Bench, when it was placed before a Division Bench consisting of S. Roy aud R. N. Sahay, JJ., the correctness of a Five Judges' Full Bench decision of this Court in N. M. Verma v. U. N. Singh, reported in 1977 BBCJ 662 : (1978 BLJR 42 : AIR 1978 Patna 101) was doubted and the records were directed to be placed before Hon'ble the Chief Justice for constituting a larger Bench, preferably of seven Judges. Hon'ble the Chief Justice after pointing out that the question is whether in view of the subsequent legislation introduced in 1982 Act, the law laid down in N. M. Verma (supra), which was decided before its intoduction, still applicable on the facts and in the circumstances of the present case and sent back for hearing before a Division Bench consisting of S. Roy, J. The office tried to place it before such a Bench but Roy, J., gave verbal instructions to await its listing. Thereafter Roy, J., retired and this case has been placed before us.

(3.) It is not necessary to state the facts except that by an earlier order under section 15 of the Act, the defendant was directed to deposit the last rent paid by him which was sought to be modified but rejected in view of the ratio laid down in Verma's case (Supra) and other decisions reported in 1983 PLJR 439, 1985 PLJR 444 and 1990 BBCJ 55.