LAL BEHARI TEWARI Vs. CONTROLLER OF HOUSES

JUDGEMENT

(1.) In this case, the petitioner, Pandit Lal Bihari Tewari, has obtained a rule from this Court, on an application under Articles 226 and 227 of the Constitution, for a writ against the opposite party, for calling up and quashing the order of eviction passed against him, under Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, (Bihar Act III of 1947), hereinafter referred to as "the Act", by the Controller on the 16th March, 1953, which was upheld by the Collector on the 7th April, 1953, and by the Commissioner on the 13th August, 1953. Cause has been shown only by opposite party No. 2, Sheo Shankar Prasad, who has filed a counter-affidavit also.

(2.) The petitioner is the owner of holding No. 10, ward No. 2, lying within the Dinapore Cantonment. On the 17th July, 1951, he executed a registered rehan deed with possession for a term of two years, in respect of this holding, in favour of opposite party No. 2, for a sum of Rs. 10,000/-. The mortgagee, opposite party No. 2, according to his case, was put in possession of the disputed building.

(3.) On the 3rd February, 1953, opposite party No. 2, the mortgagee, made an application under Section 11 of the Act, before the Controller, for eviction of the present petitioner, and for restoring the possession of the house to opposite party No. 2, His case, inter alia, was that he was put in possession of the house by virtue of the usufructuary mortgage, but, subsequently, he was approached by the present petitioner to be inducted as a tenant, and, as such, orally he was allowed to occupy the house on a monthly rental of Rs. 100/-, but he had defaulted in payment of the rent since the month of May, 1952, and, therefore, he was liable to be evicted.