BIBI JUIIIANI CHURIWALI Vs. KAMIA DEVI

JUDGEMENT

(1.) THIS is defendant's application against the order dated 22.3.1982 directing the petitioner to deposit rent in Court at the rate of Rs. 175 per month from the 28th February, 1981, in one lump sum within fifteen days of the order and also directing the petitioner to go on depositing current rent by the 15th of the following month failing which the defence of the petitioner was to be struck off.

(2.) THE plaintiff-opposite party filed a suit (T.S. No. 43 of 1981) for recovery of arrears of rent and eviction of the petitioner from the suit premises. According to the plaintiff opposite party, the petitioner had defaulted in the payment of rent at the rate of Rs. 145 per month since January 1979 till the filing of the suit.

(3.) THE plaintiff-opposite party filed an application under Section 13 of the Bihar Buildings (Lease, Rent and Eviction) Control Act in the Court below praying for a direction to the petitioner to deposit the arrears of rent at the rate of Rs. 145 per month. The petitioner filed a rejoinder thereto and stated the facts as mentioned above. According to the petitioner in 1980 the petitioner, filed a case before the Rent Controller for fixation of fair rent of the suit premises which was still pending for disposal.