S.C.AGRAWAL, D.P.WADHWA
Bindeshwary Choudhary – Appellant
Versus
Ajay Kumar – Respondent
JUDGMENT
D.P. Wadhwa, J.-Delay condoned.
Special leave granted.
2. These are landlord s appeals against the orders of the Patna High Court holding that landlord was entitled to arrears of rent under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982 (for short the Act ) only from the date of institution of the suit for eviction. Section 15 is as under :
"15. Section of Rent by tenants in suits for ejectment.-(1) If, in suit for recovery of possession of any building the tenant contests the suit as regards claim for ejectment, landlord may move an application at any stage of the suit for order on the tenant to deposit rent month by month at a rate at which it was last paid and also subject to the law of limitation, the arrears of rent, if any and the Court after giving opportunity to the parties to be heard may make any order for deposit of rent month by month at such rate as may be determined and the arrears of rent, both of before or after the institution of the suit if any and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of order or the rent at such rate for any month by the fifteenth day of the next following month, the C
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