FIRDHAR LAL RASTOGI Vs. KUER AVINASH CHANDRA SINGH

JUDGEMENT

(1.) This application in revision on behalf of the plaintiff is directed against an order dated the 16th December 1966, passed by the Munsif, First Court, Patna, rejecting his application for permission to withdraw the arrears of rent deposited by the opposite party.

(2.) The petitioner instituted the suit (Title Suit No. 294 of 1964) on the 23rd November 1964 for the eviction of the opposite party from holding No. 83 Circle No. 177, Ward No. 26, at Chowk, Patna city, on the ground of personal necessity and non-payment of rent. The opposite party did not dispute the relationship of landlord and tenant for the rate of rent claimed by the petitioner.

(3.) During the pendency of the suit, the petitioner filed an application under Section 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, hereinafter referred to as the Act The Court, by its order dated the 18th July, 1966, directed the opposite party to deposit the arrears of rent from the 10th December 1963 to June 1966 at the rate of Rs. 72 per month without prejudice to the rights of the parties to lead evidence in regard to the arrears of rent and payment of rent etc. with a direction that, in case the deposit was made in pursuance of this order, the petitioner would not be at liberty to withdraw the amount of rent for the period 10th December 1963 to June 1966.