(1.) Plaintiff-landlord's appeal is directed against a judgment, by which the lower appellate Court has allowed the tenant-defendant to reside in the suit premises for a period of approximately 12 years in spite of a judgment and decree for eviction. The Court held that till the amount deposited by the tenant under Section 13. Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977, (hereinafter to be referred to as 'the new Act'), is fully adjusted, he has a right to stay in the suit premises.
(2.) On 11-4-1983, while admitting this second appeal, N. P. Singh, J., framed the following four substantial questions of law :
(3.) Whether the learned Additional District Judge could have ordered that the defendant shall remain in possession of the buildings till the amount deposited by him during the pendency of the suit is adjusted, when there is no such provision under the Act?