BIMAL KUMAR Vs. SHIVANANDAN PRASAD CHOWDHARY

JUDGEMENT

(1.) This is an application in revision directed against an order passed under Section 11A of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1947.

(2.) It appears that the plaintiff filed a suit against the petitioner and another person saying that the latter was the tenant and the petitioner (the second defendant) was a person to whom the shop in question had been sublet without the plaintiff's consent. He prayed for eviction on grounds of non-payment of rent as also for sub-letting of the building in question. During the course of the suit a petition under Section 11A of the aforesaid Act was filed which led to the present order passed on the 13th of Dec. 1976, by which the court below has directed both the defendants to deposit the arrears of rent, from the date of the filing of the suit within 15 days of the order, and the current and future rent by the 15th day of every month failing which their defence against ejectment is to be struck off. Hence this application.

(3.) The defence of the petitioner Is that he is merely a salesman and not a sub-tenant at all. He objected to any order being passed against him under Section 11A of the Act. Incidentally it may be mentioned that the other defendant also denied the relationship of landlord and tenant existing between him and the plaintiff.