GURUSHARAN SHARMA, J. - (1.) THIS second appeal has been filed by defendant against eviction decree, whereas CR No. 163 of 2002 has been filed against the order passed on an application under Order 21, Rule 97 of the Code of Civil Procedure in course of execution of the said decree. Hence, both have been heard together and are being disposed of by common order.
(2.) PLAINTIFFS purchased house property by registered sale deed dated 4.5.1961 and let out a portion thereof on monthly rental of Rs. 88/ - wherein Nehru Model School was started by local gentries. Meanwhile, persons who had approached for letting out the premises for the school lost interest and defendant who was Headmaster of the school continued in occupation of the premises and paid rent only upto July, 1975. Defendant, therefore, became liable for eviction under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as the Act). Plaintiffs also required the suit premises for their personal use and occupation for starting new business for grown up children. During pendency of the suit an order under Section 15 of the Act was passed. Pursuant to the said order, defendant deposited a sum of Rs. 3,000/ - towards arrear of rent and thereafter did not deposit current and future rent and as such his defence against ejectment was struck off on 7.12.1996. The suit was decreed holding that there was relationship of landlord and tenant between the parties. Defendant was living in the suit premises with family members as tenant and was running the school. He was held to be defaulter in payment of rent.
(3.) DEFENDANT thereafter preferred appeal which was also dismissed and trial Courts eviction decree was affirmed by the court of appeal below.;