LAKHI PRASAD SHARMA Vs. RAMKRISHNA DAS MEHROTRA

JUDGEMENT

(1.) Amendment of the plaint by order dated 19.4.1982 passed by the Execution Munsif, Patna, has given rise to this application.

(2.) The suit is for eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977, (hereinafter referred to as the 1977 Act'). The amendment of the plaint is as follows:

(3.) Learned Counsel for the petitioners has raised two grounds while canvassing that the amendment should not have been allowed. The first ground is that the amendment petition was filed when the 1977 Act had lapsed and, therefore, no fresh application for any such step could have been entertained. Two aspects arose from this submission, The first was that with the lapsing of the 977 Act the right of the landlord to seek eviction due to sub-letting was no longer in existence and secondly, like a petition under Section 13 of the 1977 Act, which entitles a landlord to seek interim step for realisation of arrears of rent as well as future rent, the lapsing of the 1977 Act amendment also could not be sought.