N M VERMA Vs. UPENDRA NARAIN SINGH

JUDGEMENT

(1.) This civil revision application bv the defendant in a pending suit for his eviction from a building in the town of Patna is directed against the order passed by the Court below under Section 11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act ('hereinafter referred to as 'the Act'). The petitioner was inducted as a tenant by the plaintiff-landlord originally on a monthly rental of Rs. 160/-. The rent was enhanced several times and since April 1970 it has been at the rate of Rs. 200/- per month. The plaintiff applied for a direction under Section 11-A of the Act to the defendant to deposit month to month rent as also the arrears of rent since July, 1972. Admittedly, the rent for the period April, 1970 to June, 1972 was paid at the rate of Rs. 200/- per month. The suit was filed on 2-12-1972. In view of the Full Bench decision in Ramnandan Sharma v. Maya Devi, 1974 BBCJ 818 : (AIR 1975 Pat 283) (FB), the Court could not and did not pass any order in regard to the period prior to the institution of the suit. By the impugned order, the Court below directed the defendant to deposit the arrears of rent since the filing of the suit as also the future rent at the rate of Rs. 200/- per month as the rent was admittedly last paid at the rate.

(2.) The petitioner contended that since the original rent was at the rate of Rs. 160/- per month, the subsequent enhancement by private agreement between the parties, without recourse to the provisions of the Act, were illegal and the plaintiff was not entitled to the additional amounts over and above Rs. 160/- per month realised by him. The petitioner claimed a set off on this account. He further said that the future rent also will be deposited by him at the rate of Rs. 160/- per month only.

(3.) This case was heard by Mr. Justice H.L. Agrawal singly who was of the view that the decision of the Division Bench of this Court in Manoranjan Nath Fatra v. Kashi Prasad Sah, 1974 BLJR 140 : (AIR 1973 Pat 421), relied upon by the petitioner, was not consistent with the earlier Division Bench decision in S.M. Khalil v. Akihauri Sitaram (AIR 1958 Pat 103) and the Full Bench decision in Mahabir Ram v. Shiva Shankar Prasad (AIR 1968 Pat 415) (FB). He suggested that the decision in Manoranjan Nath Patra v. Kashi Prasad Sah (Supra) should be reconsidered by a larger Bench and directed that the case be placed before the Hon'ble Chief Justice for the purpose. In these circumstances, this civil revision application has been ordered to be heard by the Full Bench.