LAXMI NARAYAN GAURI SHANKAR Vs. AMRIT LAK FACTORY

JUDGEMENT

(1.) - This application is by the plaintiff and is directed against an order of the learned Munsif rejecting its petition for striking out the defence of the opposite-party tenants for non-compliance of the orde passed under section 11-A of the Bihar Buildings Control Act, 1947. The relevant facts may be briefly stated :

(2.) The petitioner instituted a title suit in the year 1967 against both the opposite party for their eviction from the premises, bearing municipal holding No. 15 in Circle No. 174 of the Patna Municipal Corporation. I am not concerned with the details of grounds for eviction. In that suit, on 19-6-1968 the trial court passed an order under section 11-A of the old Act directing the opposite party to deposit the arrears as well as current and future rents in terms of the aforesaid provision. It appears that although arrears were deposited in time. The opposite party defaulted in depositing the furture rent. For example, rent for the months of October and November, 1976 was deposited on 30-6-1977; for the months of December, 1976 and January 1977 was deposited on 1-7-1977 ; for the months of February and March 1977 was deposited on 2-7-1977; for the months of April and May, 1977 was deposited on 4-7-1977 and the rent for the months of August and September, 1977, was deposited on 20-9-1977. It is not disputed that the deposits made by the opposite party were not in terms of section 11-A of the Act inasmuch as according to the said provision as well as according to the order dated 19-6-1968, as rent for each month was to be deposited within 15 days of the each succeeding month.

(3.) On 31-3-1976, the 1947 Act expired. However, the legislature enacted Bihar Act 16 of 1977, namely, Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977 on 8-9-1977. Some of the provisions were made retrospective in the sense that by the second proviso to sub-section (3) of of the new Act, any liability incurred under the old Act or any punishment incurred in respect of any contravention of that Act or any order made thereunder was not to be affected notwithstanding the expiry of the old Act on 31-3-1976.