KESHAR SAO Vs. HIRALAL

JUDGEMENT

(1.) In this application under Section 115 of the Code of Civil Procedure by the defendant, the correctness of the order passed under Section 11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (briefly the 'Act') by the Court of appeal below is under challenge on the ground of limitation.

(2.) A suit for eviction of the defendants on the ground of default in making payment of rent for the premises in question was instituted by two plaintiffs. In the trial Court, the suit was dismissed on a finding that the tenants had not made any default in payment of rent and were, therefore, not liable to eviction. In the trial Court, no application under Section 11-A of the Act was made.

(3.) Against the judgment of the trial Court, an appeal has been filed before the District Judge, Gaya, by only one of the heirs of the deceased plaintiff No. 1, making the other plaintiffs as respondents. In the appeal, an application under Section 11-A of the Act was made on 8-2-1974 by the appellant opposite party No. 1 for an order on the tenant petitioner to deposit the entire arrears of rent as well as the current and future rents. One of the grounds on which the prayer was contested by the petitioner was that no order could be made with respect to the arrears which had become barred and were not legally recoverable. The learned District Judge, however, has directed the petitioner "to deposit arrears of rent and also to pay the current rent as stipulated under the law........." Placing reliance upon an earlier decision of this Court in the case of the Managing Committee v. Tripurary Charan Palit (AIR 1973 Pat 60) which then held the field, he negatived the objection of the petitioner on the question of limitation.