SASHADHAR DAS Vs. HARIHAR PRASAD

JUDGEMENT

(1.) Both these civil revisions are directed against the same order passed under Section 11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947--hereinafter referred to as 'the Act'. They have, therefore, been heard together and are being disposed of by this common judgment.

(2.) The suit was a suit for eviction of the defendant from a house situate within Muzaffarpur town on the ground of default in payment of rent for over two months and also on the ground of personal necessity. A decree for arrears of rent for the period 1-3-1967 to 30-11-1969 as also for damages from 1-12-1969 to 31-1-1970 was claimed. The rent it was asserted in the plaint, was Rs. 190/- per month as fixed by the House Controller.

(3.) The case of the defendant was that the plaintiffs in collusion with the employees of Muzaffarpur Municipality got the annual municipal valuation of the premises enhanced from Rs. 220/- to Rs. 1900/- and on the basis of this enhanced municipal valuation got the fair rent determined by the House Controller at the increased rate. His case further was that the rent of the holding was Rs. 65/- per month only and he had been paying rent at this rate to the plaintiffs all along and that the plaintiffs never paid the municipal taxes of the holding in the occupation of the defendant and, therefore, the defendant had to pay the municipal taxes from 1965 onwards. Thus he claimed that no rent was due from him to the plaintiffs who also did not require the house for their personal use either.