LAWS(PAT)-1967-7-23

TILESHWARI DEVI Vs. BAIDYANATH PRASAD SAH

Decided On July 20, 1967
Smt. Tileshwari Devi Appellant
V/S
Baidyanath Prasad Sah Respondents

JUDGEMENT

(1.) The plaintiff-petitioner in this application under Section 25 of the Provincial Small Cause Courts Act filed a suit against the defendant-opposite party for realisation of Rs. 99.80 P. Rs. 90/- on account of the defendant's share of latrine tax paid by the plaintiff to the Municipality and Rs. 9.80 P. on account of cost of giving notice, etc. The plaintiff's case is that in Title Suit No. 17 of 1960 (It seems by mistake in paragraph 2 of the decision of the court below the number of the title suit given is 17 of 1963), there was a compromise on the 24th January, 1963, on the basis of which the defendant agreed to pay in respect of the premises in his occupation Rs. 57/- per month as rent. Under the Bihar & Orissa Municipal Act, 1922 (Bihar & Orissa Act 7 of 1922), the tenant is liable to pay his share of the latrine tax; and, if it is paid by the owner, the latter is entitled to recover it from the former. Hence, the suit was filed for recovery of Rs. 90/- on account of nine quarters of the latrine tax at the rate of Rs. 10/- per quarter for the period 1st of January, 1963 to the 31st March, 1965.

(2.) The defendant took the plea that the monthly rental of Rs. 57/- included latrine tax also, and he is not liable to pay any latrine tax separately.

(3.) The learned Small Cause Court Judge relying upon the provisions of law contained in Section 8(i)(b) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947) has held that the plaintiff is not entitled to recover any latrine tax from the defendant. Hence, the revision by the former.