BABU SHEONANDAN LALL Vs. RAMPRIT BHAGAT

JUDGEMENT

(1.) This application in revision by the plaintiff is directed against an order refusing his application under Section 11 -A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, for a direction to opposite party No. 2 (defendant No. 2) to deposit the arrears of rent and current rent.

(2.) The petitioner (Plaintiff) instituted a suit against the defendants (opposite party 1 and 2) for eviction in respect of the building described in the plaint and the case of the plaintiff was that he had let out a portion of the said building to defendant No. 1 (Opposite party No. 1) on a monthly rent of Rs. 70/ -. The plaintiff subsequently came to know that defendant No. 1 had sublet the suit premises to defendant No. 2 (Opposite Party No. 2), who was carrying on business under the name and style of 'Kiran Hotel' but the said subletting was without the knowledge and consent of the plaintiff. The plaintiff all along received rent from defendant No. 1 and issued receipts to him, but, later on, defendant No. 1 did not pay rent from August 1964 and, as such, he was a defaulter. Defendant No. 1 committed a breach of the term of the tenancy by subletting the said building to defendant No. 2 and that also gave a ground to the plaintiff for evicting them. The plaintiff served a notice on defendant No. 1 terminating the tenancy in question, but he did not vacate the house. A sum of Rs. 350/ - was due as arrears of rent upto December, 1964 payable by defendant No. 1, but the plaintiff reserved his right for filing another suit for recovery of the same.

(3.) Defendant No. 2 filed a written statement contending, inter alia, that he was a tenant of the plaintiff in respect of the suit premises and the rent per month was Rs. 70/ -. He further alleged that defendant No. 1 was not a tenant of the house in question and he happened to be in collusion with the plaintiff.