BHIM RAJ Vs. KISHORI LAL

JUDGEMENT

(1.) The defendants have moved this Court in revision against the order of the learned Munsif passed under Section 11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter referred to as "the Act"), by which they have been directed to deposit the arrears of rent at the rate of Rs. 60-00 per month, being the fair rent determined by the House Controller, as also the Municipal taxes of the premises in question. The question falling for determination before this Court is as to whether the direction to deposit the Municipal taxes also can be sustained in law.

(2.) The plaintiff-opposite party instituted a title suit against the petitioners for their eviction from a premises described in the plaint and also claimed a decree for arrears of rent. According to the case of the plaintiff, the petitioners had taken the building in question on a monthly rent of Rs. 60-00 according to the Hindi Calendar month, besides the Municipal taxes which, in terms of monthly payment, came to Rs. 11.50. In this way the total monthly rent payable by the defendants came to Rs. 71.50. In the plaint, arrears of rent were claimed since Magh 1377 Fasli upto Chait 1377 Fasli and the arrears of Municipal tax for the year 1969-70.

(3.) In the written statement, the defendants challenged the claim- of the arrears and the liability to pay the Municipal taxes.