SHYAM NAND SINGH Vs. SHANTI SINGH

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite party.

(2.) THE impugned order is one made under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. THE main contention of the petitioner is that he in course of the hearing of the matter under Section 15 of the Act objected to the title of the plaintiff opposite party (the landlord) on the ground that she had no valid purchase from his previous landlord. This, however, has been answered by the trial court against the petitioner. THEre is apparently no serious error about that as, as the purchaser, the plaintiff opposite party is entiled to claimrent from the tenant of the vender. THE trial court has, however, ordered for depositing arrears of rent from a date prior to the institution of the suit. In that respect the impugned order is bad. THE only arrears that may be asked to be deposited under Section 15 of the Act are with effect from the date of tbe iatitution of the suit. THE impugned order is modified to that extent THEre is also another error in granting to the plaintiff opposite party rent at the rate of Rs. 150 per month inasmuch as the plaintiff opposite party has claimed rent at the rate of Rs. 100 only. It was only on the basis of the so called admission in the proceeding by the petitioner that the trial court recorded that rent at the rate of Rs. 150 was payable. THE rate of rent claimed by the plaintiff alone may be paid in terms of Section 15 of the Act and no more. THE impugned order needs modification in that respect also. In the result, this application is dismissed, subject to the modification that the petitioner shall deposit the arrears at the rate of Rs. 100/- per month, with effect from the date of the institution of the suit and current rent at the rate of Rs. 100/- per month only in accordance with law. It is stated that the statutory period for depositing the arrears has already elapsed. Since the impugned order is modified as above, the statutory period for depositing the arrears of rent shall run from the date of receipt of the order in the court below. THE observations made above shall not prejudice the case of either party in the trial. Decided accordingly.