PRIYAVARTE MEHTA Vs. AMRENDU BANERJEE

JUDGEMENT

(1.) The defendant in eviction suit has filed the present revision application against the order dated 9-4-1985 passed by the Subordinate Judge, Bhagalpur, in Title Suit No. 46 of 1985, directing him to deposit the arrears of rent prior to theinstitution of the suit from February, 1980 to January, 1983 under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act).

(2.) The plaintiff-opp. party filed the aforesaid suit for eviction on the ground of default in payment of rent for more than two months, personal necessity, expiry of the terms of the lease and other grounds. He also prayed for a decree of Rs. 7,200/ - being the arrears of rent for the period from Feb, 1980 to January, 1983. On 15-3-1984 the plaintiif-opp. party filed a petition under Section 15 of the Act for payment of arrears of rent from Feb. 1980 to January 1983, as well as current. and future rent. The Court below after hearing the parties, by order dated 21-5-1984, directed the defendant-petitioner to deposit the rent from the date of filing of the suit, i.e., from Feb, 1983 to May, 1984 and also the current rent in terms of the aforesaid section. The defendant deposited the same.

(3.) On 29-11-1994, the plaintiff again filed a petition for a direction to the defendant-petitioner to deposit the arrears of rent prior to the institution of the suit stating therein that due to over-sight no order could be passed in respect of arrears of rent prior to the institution of the suit. A rejoinder was filed by the defendant-petitioner. The Court below, after hearing the parties, by the impugned order, has directed the petitioner to deposit the arrears of rent for the said period.