BRINDABAN BIHARI LAL Vs. BADRI PRASAD MAHASETH

JUDGEMENT

(1.) The facts material for the decision of this appeal are not in dispute. The respondent, Badri Prasad Mahaseeth, was a tenant of Brindban Bihari Lal with respect to a house, holding No. 106, on the Exhibition Road, Patna, on the 30th January 1946; the landlord applied to the Controller under the House Bent Control Order, 1942, for evicting the respondent. The Controller asked the respondent to pay up the arrears of rent within a fortnight failing which he would order eviction. The respondent preferred an appeal. The Commissioner dismissed the appeal, and ordered the respondent to vacate the house. On 27 March 1917, the appellant applied under Act III

(3.) of 1947 for executing the order of the Commissioner passed on 2 May, 1946. The respondent objected that the order of the Commissioner was incompetent, and ought not to be executed. The Munsif disallowed the objection. In appeal, the Subordinate Judge held that the order of the Commissioner was illegal, and the execution ought not to proceed.

(2.) Against this order, the landlord has preferred this appeal.