GOPAI GUPTA ALIAS SHYAM SANDER GUPTA Vs. SITARA DUTTA

JUDGEMENT

(1.) -This application in revision is directed against an appellate order passed by the 4th Additional District Judge, Patna, directing the petitioners to deposit the arrears of house rent from 15-11-1973 to 15-1-1978 as well as future rents at the rate of Rs. 800/- per month in accordance with section 11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (to be referred here inafter as "the Act")

(2.) The petitioners challenged the order on the ground that the court of appeal below had no jurisdiction to make direction for payment of arrears of rent for a period prior to the filing of the appeal in that court.

(3.) The plaintiff opposite-party filed the title suit in question on 19-9-1968 against the petitioner for their eviction from the ground floor of a double-storeyed building situated in the town of Patna on the ground of expiry of the period of lease and default in payment of rent and other grounds.