BIMLA DEVI Vs. LOKNATH BISHWANATH

JUDGEMENT

(1.) THIS civil revision application is directed against the order dated 12th July, 1996, passed by Munsif, 2nd Court, Bhagalpur in Title Eviction Suit No.36 of 1986 whereby the learned court below directed the defendant opposite party to deposit the arrears of rent from July, 1986 to May, 1986 (sic) instead of directing to deposit of rent from February, 1984.

(2.) THE plaintiffs filed the eviction suit sometime in July, 1986 claiming eviction on the ground of non -payment of rent since the month of February, 1984. During the pendency of the suit an application was filed under section 15 of the Bihar Buildings Lease, Rent and Eviction Control Act, 1982 for direction to the defendant to deposit of arrears of rent.

(3.) LEARNED counsel appearing for the petitioners submitted that in view of the ratio laid down by a decision of the Full Bench of this Court in Priyavarto Mehta vs. Amrendu Banerjee (1996 P.L.J.R. Vol. 1 page 732) the court ought to have passed an order directing the defendant to deposit the arrears of rent since February, 1984, but the court has failed to exercise its jurisdiction. Learned counsel appearing for the opposite party did not dispute the ratio laid down by the Full Bench.