TIME HOUSE Vs. KAILASHI DEVI

JUDGEMENT

(1.) In this revision application, the defendant petitioner has challenged an order dated 14.2.1977 passed by the Subordinate Judge, Bhagalpur, in Title Suit No. 117 of 1975 instituted by the plaintiff-opposite party for its eviction from the suit premises in its occupation in the town of Bhagalpur on the ground of default in payment of rent and personal necessity. The petitioner filed its written statement on 4.5.1976.

(2.) On 26.9.1976, the plaintiff filed an application under section 11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter referred to as the 'old Act,) with a prayer to direct the defendant to deposit the arrears of rent from the month of April, 1972 to July, 1976 and current and future rents at the rate of Rs. 150/- per month. The petitioner opposes the prayer on the grounds, namely, (i) that the Act in question had already expired on 31.3.1976 and, therefore, the application was not maintainable, and (ii) that the fair rent of the premises was fixed by the House Controller at Rs. 120/- per month from the 8th of June, 1972, and, therefore, the landlord was not entitled to claim at a rate higher than that.

(3.) The learned Subordinate Judge by the impugned order, however, directed the petitioner to deposit the arrears of rent at the rate of Rs. 150/-per month and also for payment of rent for the current and subsequent months by the 15th of each succeeding month, failing which the defence against ejectment of the petitioner was ordered to be struck off in terms of section 11-A of the old Act. He took the view that the expiration of the old Act would not affect any liability already incurred and that the order of the House Controller being already pending in appeal, was not final and, therefore, of no effect. The petitioner has challenged the order of the trial court in this application on both the grounds taken by it in the court below.