RAGHUBAR DAYAL Vs. MD YASIN

JUDGEMENT

(1.) In title suit No. 12 of 1964 the court below had earlier made an order on 1-10-64 directing defendant No. 1 to deposit arrears of rent since January, 1960 to September 1964 at the rate of Rs. 100/- per month within 15 days from the date of that order; he was also directed to deposit rent for current and future month by the 15th day of the next following month. A dispute as to title seems to have been raised in the title suit by defendant No. 1. This question was considered by the learned Munsif in his order dated 1-10-64 and finding that the defence in respect of the title of the plaintiffs to institute this suit was not such as to justify the rejection of the prayer made on behalf of the plaintiffs under Section 11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947- hereinafter called the Act-the prayer of the plaintiffs was allowed.

(2.) Defendant No. 1 came up in civil revision 1273 of 1964. Since there was no averment in the plaint as filed that any notice under Section 106 of the Transfer of Property Act had been served on the defendant the order dated 1-10-64 under Section 11-A of the Act was set aside but the plaintiffs were given an opportunity to amend their plaint in regard to the point of notice and to make a fresh application for deposit of arrears of rent under Section 11-A.

(3.) The plaintiffs amended the plaint, and on their application for amendment being allowed, they made a fresh application for deposit of arrears and current rent. By order dated 19-5-66, the learned Munsif has given almost the same and similar direction to defendant No. 1 to deposit the rent from January 1, 1960 upto April, 1966 at the rate of Rs. 100/- per month and to deposit current and future rent also at the same rate by the 15th day of the next following month. Defendant No. 1 has again come up in revision.