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1977 Supreme(Pat) 98

B.S.SINHA, S.SARWAR ALI, LALIT MOHAN SHARMA, SHAMBHU PRASAD SINGH, K.B.N.SINGH
N. M. Verma – Appellant
Versus
Upendra Narain Singh – Respondent


Judgment

LALIT MOHAN SHARMA, J.

1. This civil revision application by the defendant in a pending suit for his eviction from a building in the town of Patna is directed against the order passed by the Court below under S. 11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter fererred to as the Act). The petitioner was inducted as a tenant by the plaintiff-landlord originally on a monthly rental of Rs. 160/-. The rent was enhanced several times and since April 1970 it has been at the rate of Rs. 200.00 per month. The plaintiff applied for a direction under S. 11-A of the Act to the defendant to deposit month to month rent as also the arrears of rent since July, 1972. Admittedly, the rent for the period April, 1970 to June, 1972 was paid at the rate of Rs. 200.00 per month. The suit was filed on 2-12-1972. In view of the Full Bench decision in Ramnandan Sharma V/s. Maya Devi, 1974 0 BBCJ 818, the Court could not and did not pass any order in regard to the period prior to the institution of the suit. By the impugned order, the Court below directed the defendant to deposit the arrears of rent since the filing of the suit as also the future rent at the rate of Rs



















































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