AHMAD RAZA KHAN Vs. BHOLA PRASAD

JUDGEMENT

(1.) Defendant (tenant) preferred this civil revision application against an order dated 12-2-77 passed by the Additional Munsif, 4th Court, Patna, in Title Suit No. 67/26 of 1973/76.

(2.) The plain tiff-opposite party filed a suit for eviction of defendant-tenant. During the pendency of the suit, the plaintiff filed an application on 4-6-74 under Section 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act HI of 1947) (hereinafter to be referred to as the '1947 Act') for directing the defendant to deposit arrears of rent at the rate of Rs. 85/per month. The defendant filed a rejoinder to that petition on 17-1-77. On 12-2-77 the court directed the defendant under Section 11A of the 1947 Act to deposit arrears of rent in respect of the suit premises from 17-4-73 till January, 1977 at the rate of Rs. 85/- per month within 15 days from the date 01 the order. The defendant was also directed to deposit current as well as future rent of the suit premises at the same rate by the 15th day of the next following month.

(3.) This revision was referred to Division Bench by Birendra prasad Sinha. J., on the ground that thpre are two contradictory decisions in respect of an interpretation of Section 1 (3) and second proviso thereto of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977 (Act 16 of 1977) (hereinafter to be referred to as the. "1977 Act'').