FAKIR RAM Vs. SUKHDEO SAO

JUDGEMENT

(1.) This application in revision by the defendant arises out of an order of the learned Munsif passed under Section 11-A of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1947 directing him to deposit the arrears as well as current and future rents at the rate of Rs. 45 per month in terms of Section 11-A of the Act.

(2.) The questions that were raised by the defendant petitioner before the trial court as well as in this Court are these :--

(3.) The relevant facts giving rise to this controversy between the parties are these : According to the plaintiffs' case, they purchased from the defendant the premises in question by two registered deeds of conditional sale dated 9-9-1969, for a total consideration of Rs. 1,500 and having taken possession, leased back the premises to the defendant petitioner on the same day at a monthly rent of Rs. 45. There was, however, no stipulation for payment of any interest in the deeds of conditional sale as found by the trial court. It was, however, stipulated therein that in case the entire consideration was repaid by 9-9-1971 the holding was to be reconveyed to the defendant mortgagee by the plaintiff. The allegation of the plaintiff is that the payment having not been made within the stipulated time, the transaction of conditional sales became absolute. It is further admitted by the plaintiff that no payment of rent was ever made by the defendant. The case of the defendant petitioner however, was that the transactions in question were not of conditional sales but were only of mortgage by conditional sale. He however, offered the mortgage money to the plaintiff. But they refused to accept the same.