SYED ABID IMAM Vs. SHARAFAT HUSSAIN

JUDGEMENT

(1.) This civil revision application is directed against the order dated 4-10-1997 passed by the 6th Addl. District Judge, Patna, refusing to allow the petitioner' prayer for a direction to the opposite party to deposit the arrears of rent for the period March, 1995 to July, 1997 at the rate fixed by the House Controller i.e. Rs. 960/- per month.

(2.) The brief facts of the case are that the petitioner being the owner and landlord of the suit premises known as Bank building situated at Meena Bazar, Patna Market, Patna instituted a suit for eviction of the defendant-opposite party from the shop premises situated in the ground flour of the aforesaid building. The plaintiff-appellant' case was that the defendant was inducted as a tenant in the shop premises long back on a monthly rent of Rs. 100/-. In the year 1988 the petitioner filed a case for fixation of fair rent under Sections 5 and 8 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as "the Act"). The said case was registered as BBC Case No. 328 of 1988 in the Court of House Controller, Patna. The Controller by a final order dated 12-6-1989 fixed the fair rent of the shop premises at Rs. 960/- per month. The opposite party filed appeal before the Collector, Patna against the order of the House Controller being BBC Appeal No. 29 of 1989-90. The appeal was eventually dismissed on 11-3-1994. It is alleged that the opposite party did not file any revision against the order of the Collector and thereby the order of the House Controller became final and fair rent became payable w.e.f. 30-9-1988.

(3.) The petitioner' case is that despite the order of the Controller the opposite party did not deposit the rent at the rate of Rs. 960/- per month and the rent became due till February, 1995. The petitioner accordingly filed an Eviction Suit No. 5 of 1995 before the Sub-Judge I, Patna, for a decree of eviction on the ground of default and also for a decree of arrears of rent for three years prior to the date of institution of the suit i.e. from April, 1992 to February, 1995 amount to Rs. 33,600/- at the rate of Rs. 960/- per month. The suit was contested by the defendant-opposite party and the same was ultimately decreed in terms of the judgment and decree dated 30-11-1996. The opposite party then filed appeal before the District Judge, Patna, against the aforesaid judgment and decree and the said appeal was registered as Title Appeal No. 184 of 1996 which is pending for disposal before the 6th Additional District Judge, Patna. The opposite party however on direction of the appellate Court deposited arrears of rent as decreed by the trial Court for the period April, 1992 to February, 1995 at the rate of Rs. 960/- amounting to Rs. 33,600/-. In the meantime, the petitioner filed an application before the appellate Court under Section 15 of the said Act for a direction to the appellant-opposite party to deposit arrears of rent from March, 1995 to July, 1997 and also current rent at the rate of Rs. 960/- per month. The appellate Court after hearing both the parties passed the impugned order directing the opposite party to deposit the rent at the rate of Rs. 100/- per month which was the rent last paid by him and not at the rate fixed by the Controller i.e. Rs. 960/- per month. Hence this Civil Revision application by the landlord petitioner.