CHAUDHARY FAZLUR RAHMAN Vs. SHIBAJI BOSE

JUDGEMENT

(1.) This application in revision is directed against an order by which the court below has rejected an application under Section 11-A of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1947 (hereinafter referred to as 'the Act').

(2.) It appears that the petitioners filed a title suit in the Court below for eviction of the opposite party on following allegations : -

(3.) The Court below rejected the application on the ground that Section 11-A of the Act had no application since it applied only to a case of month to month tenancy, whereas the present tenancy was for a fixed period. He further held that the present suit was one under Section 12 (3) of the Act and not under Section 11 (1) (e) of the Act. It was further pointed out by the learned Judge that in the suit itself what the petitioners had claimed was compensation and damages and not arrears of rent.