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1974 Supreme(Pat) 213

HARI LAL AGRAWAL
Bibha Ray – Appellant
Versus
Hirendra Chandra Dutta – Respondent


Advocates:
Advocate Appeared
Mr. Shri Prakash Rai for the petitioners
Messrs J.C. Sinha and N.N. Roy for the Opp. Party

JUDGMENT :

1. The petitioners are the heirs and legal representatives having been substituted on the death of the original defendant and have moved this Court in its revisional jurisdiction against an ORDER :passed against them under Section 11 A of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as the Act).

2. The plaintiff-opposite party filed a title suit on 2.1.1973 for the eviction of the original defendant from the suit premises on the ground of default in payment of rent and also for recovery of a sum of Rs.750,00 as arrears of house rent, after having earlier determined the tenancy by serving a notice under Section 106 of the Transfer of Property Act. On 26.6.1973, the original defendant died and the present petitioners were substituted in his place and they filed a separate written statement. Immediately thereafter the plaintiff made an application under Section 11A of the Act for a direction to the petitioners to deposit the arrears of rent from September 1972 and the current and future rents at the rate of Rs. 250.00 per month. The petitioners in their re-joinder objected to the prayer of the plaintiff on the ground inter alia that the








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