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1973 Supreme(Pat) 74

A.N.MUKHARJI, SHAMBHU PRASAD SINGH
Akhauri Mukhteshwar Prasad Sinha – Appellant
Versus
Urmila Saran – Respondent


Judgment

Shambhu Prasad Singh, J.

1. This application in revision by the defendant is directed against an order under Sec.11-A of the Bihar Buildings (Lease Rent and Eviction) Control Act, 1947 hereinafter referred to as the Act. The plaintiffs instituted the suit for eviction of the petitioner from the house fully described in Sch. I to the plaint, in the town of Chapra on the allegation that it was let out to the petitioner on a rent of Rs. 90.00 per month and he had failed to pay rent from October. 1966 in spite of repeated demands. They also alleged that they needed the house for their personal necessity. The petitioner admitted in his written statement the tenancy and the rate of rent, but contested the suit on the ground that no rent was due from him and the plaintiffs did not require the house for their own use. On an application filed by the plaintiffs under Sec.11-A of the Act for direction to the defendant for depositing the rent arrears, current and future, the Court below has passed the impugned order. It has directed the petitioner to deposit entire arrears of rent from October. 1966 up to the date of the institution of the suit at the rate of Rs. 90.00 per month amount





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