BIBI SABOO Vs. BIBI JAIBUNISSA

JUDGEMENT

(1.) The tenant -appellant has questioned the validity of the decree of eviction the ground of default in the payment of rent. Both the Courts below have concurred in finding that the appellant defaulted in the payment of rent from January, 1973 to June, 1973. They have thus granted a decree of eviction.

(2.) The plaintiff No. 1, the original owner of the suit premises, alleged that the defendant entered as a tenant into the premises on a monthly rental of Rs. 15. The latter paid rent of the suit premises till December, 1972, but defaulted in payment since January, 1973 to June, 1973. The plaintiff No. 1 asked her to vacate the house, terminated the tenancy and when she failed to vacate, instituted the suit. Besides the arrears of rent and default, eviction was also sought on the ground of personal necessity.

(3.) Before the institution of the suit, however, the defendant had filed a petition before the Rent Controller appointed under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 which Act has since been repealed and replaced by the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 alleging that the house required immediate repairs which the landlord was obliged to do and since he had defaulted the Controller was required to make order directing the landlord to make the necessary repairs and in the event of default by him, to the tenant -defendant to make necessary repairs. The said application came to be disposed of during the pendency of the suit. It is not disputed that the tenant -defendant spent a sum of Rs. 350 on the repairs etc. as directed by the Controller.