S M KHALIL Vs. AKHAURI SITARAM

JUDGEMENT

(1.) In Civil Revision No. 874 of 1956, the petitioner S. M. Khalil has obtained a rule from the High Court against the order of the Munsif of Patna, dated 20th August, 1956, requiring the petitioner to deposit rent under Section 11-A of the Bihar Act 3 of 1947 (as amended) at the rate of Rs. 100/- per month from September 1955 to March 1956.

(2.) In Civil Revision No. 995 of 1956, the plaintiff-landlord, Akhauri Sitaram, has obtained a rule against that portion of the order of the Munsif of Patna, dated 20th August, 1956, rejecting the prayer of the petitioner requiring the defendant-tenant to deposit rent in Court from April 1954 to August 1955.

(3.) In Civil Revision No. 874 of 1956, the argument put forward on behalf of the petitioner is that the Munsif committed an error of law in requiring the petitioner-defendant to deposit rent at the rate of Rs. 100/- per month for the period in question. It was submitted that the rent of the house was at first Rs. 26/-per month and that the rent was increased to Rs. 70/- on 15th of January, 1948, and later on the rent was increased to Rs. 100/- per month. This position was disputed on behalf of the landlord and it was contended on his behalf that the rent was Rs. 150/- in the beginning but, later, it was reduced to Rs. 100/- at the request of the tenant. It is not, however, disputed between the parties that rent was being actually paid at the rate of Rs. 100/- per month till March 1954 and that no rent had been paid by the defendant from April 1954. The argument addressed on behalf of the petitioner is that the Munsif was not competent to require the defendant to deposit rent at the rate of Rs. 100/- per month which was the rent actually paid. It was argued that the Munsif ought to have decided the question as to what was the fair rent of the disputed house and then only required the defendant to deposit rent at the rate so fixed. We are unable to accept this argument as correct. The question of law turns upon the right interpretation of Section 11-A which has been introduced by Bihar Act 16 of 1955, and which reads as follows :