KAPIL KUMAR GUPTA Vs. NARAIN RAM

JUDGEMENT

(1.) This appeal by the plaintiff arises out of judgment of affirmance passed in an appeal which was taken against judgment and decree passed in a suit for eviction and arrear of rent. The cast of the plaintiff, in short, is that the tenant was a defaulter as he failed to pay the rental from July, 1976 till before the filing of the suit which was filed in the year 1976. The further ground for eviction was subletting and personal necessity.

(2.) The case of the defendant, in short, is that he was not a defaulter as he had remitted the rent from July, 1976 till April, 1977 as the landlord refused to accept the rent. Thereafter in House Control Case No. 44 of 1976 -77 under the order of the House Controller dated 9.5.1977 passed under Sec. 13 (2) of the Bihar Buildings (Lease, Rent & Eviction) Control Act 1947 (hereinafter referred to as 'the Act') the defendant has been making deposit in treasury within the statutory period and deposited the rent till April, 1979. Thereafter he has been again remitting the rental by postal money order to the landlord which was being refused by him. The defendant denied the other two grounds, namely, subletting and personal necessity.

(3.) The trial court after considering the real and documentary evidence adduced on behalf of the parties dismissed the suit. So far the ground of subletting is concerned, the said ground was not pressed in that court, but as far as the ground of personal necessity is concerned, the trial Court decided the same against the plaintiff. The ground of default was also decided against the plaintiff by the trial court after recording a finding that there was a bonafide dispute between the landlord as required under Sec. 13 (2) at the Act, as such the deposit made pursuant to the order of the House Controller was valid in law.