KAPIL KUMAR GUPTA Vs. NARAIN RAM

JUDGEMENT

(1.) This appeal by the plaintiff arises out of judgment of affirmance passed in an appeal which was taken against judgment and decree passed in a suit for eviction and arrear of rent.

(2.) The case of the plaintiff, in short, is that the tenant was a defaulter as he failed to pay the rental from July, 1976 till before the filing of the suit which was failed in the year 1979. The further ground for eviction was subletting and personal necessity.

(3.) The case of the defendant, in short, is that he was not a defaulter as he had remitted the rent from July, 1976 till April, 1977 as the landlord refused to accept the rent. Thereafter in House Central Case No. 44 of 1976-77 under the order of the House Controller, dated 9-5-1977 passed Under Section 13 (2) of the Bihar Buildings (Lease, Rent and Eviction) Control Act 1947 (hereinafter referred to as 'the Act') the defendant has been making deposit in Treasury within the statutory period and deposited the rent till April, 1979. Thereafter he has been again in remitting the rental by postal money order to the landlord which was being refused by him. The defendant denied the other two grounds, namely, subletting and personal necessity.