PRABHU DAYAL AGRAWAL SON OF LATE MOHAN LAL AGRAWAL Vs. SMT.LEELAWATI DEVI WIFE OF SRI BHAIRO NATH KESRI

JUDGEMENT

(1.) HEARD Mr. Abhay Kumar, learned counsel for the petitioner.

(2.) THE defendant -petitioner is aggrieved by the order dated 23.1.2009, passed oy the Munsif, Patna City, Patna in Title Eviction Suit No. 11/2008, whereby he has been directed to deposit the arrears of rent as well as current and future rents under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982. Learned counsel for the petitioner submits that actually the rents for the months of December, 2005. to May, 2008 were paid by the defendant and, therefore, no order should have been passed requiring the defendant to deposit the arrears of rent.

(3.) THE trial court after due consideration of the rival submissions made on behalf of the parties has come to the conclusion that the defendant could not prove that he had paid the aforesaid rents and, as such, has passed the order impugned.