MANORANJAN NATH PATRA Vs. KASHI PRASAD SAH

JUDGEMENT

(1.) THIS application in revision under Section 115 of the Code of Civil Procedure has been filed by the defendant against an order passed on the application under Section 11-A of the Bihar Buildings (Lease. Rent and Eviction) Control Act. 1947 (hereinafter referred to as the Act) of the plaintiff directing the petitioner to pay arrears of rent from Baisakh 1373 B. S. to Bhado 1376 B. S. within 15 days from the date of the order at the rate of Rs. 77/- per month. The court below further directed the petitioner to deposit the rent for Asin 1376 B. S. and following months by 15th of the succeeding month. In case of default, either in payment of arrears of rent or of the current or future rent as directed, the defence regarding the eviction was to be struck off.

(2.) EVICTION in the suit was claimed on the ground of non-payment of rent as also for sub-letting a portion of the premises to defendant No. 2--opposite party No. 2. According to the case of the plaintiff, the petitioner was a month to month tenant of holding No 16. ward No. 6 of Deoghar Municipality on a monthly rental of Rs. 77-. He had defaulted in payment of rent from Baisakh 1373 B. S. to Shrawan 1374 B. S. A decree for arrears of rent for this period of 16 months was also claimed,

(3.) THE court below has disbelieved the petitioner's case of payment of rent from Baisakh 1373 B. S. to Chaitra 1374 B. S. Mr. S. C. Ghose, learned counsel appearing for the petitioner, has raised the following points: