SRI NARAIN PRASAD Vs. SHOBHA SINGH

JUDGEMENT

(1.) This application has been filed by the defendant against an order of the trial court passed under section 13 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977 (hereinafter called the 'Act') corresponding to section 1 l-A of the old Act.

(2.) The plaintiffs opposite party filed a title suit on 25.1.1977 in the court of Munsif, Khagaria, for eviction of the petitioner from suit premises on the ground of personal necessity. It is not disputed that the petitioner had been paying rent at the rate of Rs, 50/- per month and that he paid rent at this rate upto the month of May, 1976. Thereafter he instituted a proceeding before the House Controller for fixation of fair rent of the premises. The Controller by his order, dated 8,1.1977 fixed the Mr rent at the rate of Rs. 36/- per month with effect from June, 1976. In other words, the fair rent of the premises in question had already been fixed prior to the institution of the suit. When the fair rent was fixed, the petitioner tendered rent at the rate of the fair rent but the plaintiffs refused to accept the same and thereafter the petitioner remitted the rent by postal money order. The plaintiffs, however, refused that tender as well. The petitioner went on remitting the rents by postal money orders regularly every month.

(3.) The plaintiffs, however, alleged in the plaint that the rate of rent was Rs. 50/- per month. On 20.1.1978 the plaintifts filed an application under section 13 of the new Act. In his rejoinder, one of the pleas set up by the petitioner was that in view of the fixation of the fair rent of the premises in question the petitioner was not liable to pay the demand of the rent at a rate more than the fair rent. The trial court, however, on reference to a Full Bench decision of this Court in the case of N . M. Verma v. Upendra Narain Singh (1977 BBCJ 662), rejected the petitioner's contention and directed him to pay the rent at the rate of Rs. 50/- per month as that was the "last paid" rent by him. The petitioner has accordingly come up to this Court.