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1967 Supreme(Pat) 80

SHAMBHU PRASAD SINGH, RAMRATNA SINGH
Prabhu Halwai – Appellant
Versus
Fulchand Khandelwal – Respondent


Judgment

1. The appellants, who are full brothers, are tenants of a building owned by the respondents. They were sued for eviction from a house and for arrears of rent by the respondents in September, 1959. The grounds of eviction, as given in the plaint, were two-fold, viz., (1) that the building was required for personal occupation of the landlords, and (2) that the defendants had defaulted in the payment of rent for more than two months. The rent of the building, according to the admitted case of the parties, was Rs. 15 per month originally. It was thereafter enhanced by the landlords to Rs. 51 per month. An application was made by the tenants before the House Controller. The House Controller, acting under the relevant provisions of Bihar Act III of 1947, determined the fair rent at Rs. 25 per month from the 11th September, 1954. This order was passed on the 25th May, 1957. There was an appeal against this order to the Deputy Commissioner who, by his order dated the 15th January, 1959, reduced the rent to Rs. 20 per month with effect from the same date, i. e., 11-9-1954. The courts below found that the tenants had defaulted, inasmuch as the deposit of Rs. 238 made by them on 1-8-























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