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1988 Supreme(Pat) 363

S.B.SINHA
Champa Lal Sharma – Appellant
Versus
Sunita Maitra – Respondent


Judgment

S.B.Sinha, J.

1. This civil revision application involves an interesting question of law with regard to the interpretation of second part of Sec. 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to the said Act).

2. Shorn of all unnecessary details the fact of the matter is as follows:

The plaintiff-opposite party filed a suit for eviction as against the defendant-petitioner in the court of Munsif 2nd Court, Kishanganj, which was registered as Eviction Suit No. 2 of 1983.

3. The defendant petitioner filed a written statement contesting the claim of the plaintiff-opposite party in the 8aid suit for eviction.

4. On 28.3.1985 the plaintiff-opposite-party filed an application in terms of Sec. 15 of the said Act for a direction that the defendant be asked to deposit the arrears of rent as well as current and future monthly rent. By an order, dated 20th March, 1987 the said application was allowed and the defendant was directed to deposits before the learned Court below a sum of Rs. 1260 towards arrears of rent. In the said order the trial court observed that although the defendant has challenged the title of the plaintiff with re



























































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