SHANKAR SAHU Vs. NIRANJAN PRASAD

JUDGEMENT

(1.) The petitioners, the appellants in the Court below, being aggrieved by order dated 27-3-1979 passed by the Court below, directing them to deposit the balance of the arrear rent from the date of the institution of the suit has filed this application.

(2.) By the impugned order, the Court below has directed the petitioners to deposit (a) the current rent from month to month at the rate of Rs. 150.00 (Rupees One hundred fifty) per month, and (b) the balance of the arrear rent from the date of the institution of the suit, which was earlier deposited in the trial Court at the rate of Rs. 55.00 (Rupees Fifty five) per month instead at the rate of Rs. 150.00 (Rupees One hundred fifty) per month. At the outset it was stated on be-half of the petitioners that they are not aggrieved by the first part of the order, but are aggrieved by the second part and this civil revision application is confined to that part only.

(3.) A suit was filed by the opposite party for eviction of the petitioners from the building. In the trial Court, an application was filed by the opposite party under Section 11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (1947 Act) which corresponds to Section 13 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977 (1977 Act) for a direction on the petitioners to deposit the rent from the date of the institution of the suit at the rate of Rs. 150.00 (Rupees One hundred fifty) per month and also the rent month to month. That prayer was allowed. The petitioners challenged the validity of the order in this Court in Civil Revision Application No. 9 of 1977(R). This Court upheld the order of the trial Court with the modification that the petitioners were directed to deposit the rent at the rate of Rs. 55.00 (Rupees fifty five) per month, the initial contractual rent, although the rate at which the rent was last paid was Rs. 150 (Rupees One hundred fifty) per month. The suit was decreed by the trial Court.