DWARKA PRASAD Vs. CHANDRA MANIA DEVI

JUDGEMENT

(1.) The defendant in a suit for eviction, has filed this revision application for setting aside an order directing the petitioner to deposit, during the pendency of the suit, the arrears of rent including the arrears for the months prior to the filing of the suit.

(2.) According to the petitioner, while exercising the power under S.15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act'), it was not open to the court below to direct deposit of arrears of rent in respect of months prior to the institution of the suit, especially in a case where the plaintiff has not sought for a decree for arrears of rent. In support of his stand reliance was placed on a Full Bench judgement of this Court in the case of Ram Nandan Sharma v. Maya Devi, AIR 1975 Pat 283. A question had arisen in the aforesaid case as to whether in exercise of the powers under S.11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter referred to as 'the Act'), "the arrears of rent" is to be confined to the period after the institution of the suit or shall cover even the period to the institution of the suit. It was held that court in exercise of power under S.11-A of 1947 Act cannot direct deposit of arrears of rent in respect of period prior to the institution of the suit.

(3.) Sub-Sec. (1) of S.15 of the Act which is relevant, in the present case, is as follows :-