MAHABIR PRASAD JHUNJHUNWALA Vs. RAMCHANDRA PRASAD CHOUDHARY

JUDGEMENT

(1.) This application in revision is directed against an order dated the 16th November 1976 passed under section 11-A of the Bihar Buildings (lease, Rent and Eviction) Control Act, 1947.

(2.) It is said that opposite-party nos. 1 and 2 (plaintiffs) filed a suit alleging that the house in question belonged to them and defendant first party their interest being 2/3rd and 1/3rd respectively and it had been let out to the petitioner-defendant second party on a monthly rental of Rs. 150. the plaintiffs alleged that the defendant second party had not paid rent of the house to them for the period beginning with January, 1972. Accordingly, notice under section 106 of the Transfer of Property Act was served but the tenant did not vacate the premises and for that reason he became a trespasser. Thus on the 27th February 1974 the present suit was filed for eviction of the tenant and a decree for arrears of rent for the period January 1972 to April 1972 and for, damages with effect from May 1972 at the same rate. The plaintiffs, therefore, claimed Rs. 400 as their 2/3rd share of the amount of Rs. 600 the rental of the aforesaid months and Rs. 2100 as their share of the damages of Rs. 3,150, for the period May 1972 to January 1974.

(3.) During the course of the suit, the opposite party filed a petition under section 11-A of the Act praying for an order to deposit the rent and damages amounting to Rs. 2,500 as mentioned in the plaint. It was further said that no payment had been made even during the pendency of the suit and thus a sum of Rs. 2800 was claimed in that respect. Further prayer was made for deposit of monthly rental month by month.