- (1.) THIS appeal is by a tenant as defined in the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, hereinafter referred to as the Act.
(2.) THE building was let out to the tenant on 15.8.1982 on a monthly rent of Rs. 2000/ -. According to the tenant, the total area, of the premises let out to him was 7940 sq. ft. and the building had 14 rooms. In August 1983, the landlord filed a suit for eviction under the Act on various grounds including the ground of arrears of rent. Though the suit was decreed as a whole by the trial Court, in appeal, the High Court modified the decree and confined it to a decree for recovery of arrears of rent, thus, rejecting the claim for eviction. On 13.12.1991, the landlord filed an application under Section 5 read with Section 8 of the Act for fixation of fair rent in respect of the building. The tenant resisted the application. On 30.6.1992, the Rent Controller passed an order fixing the fair rent at Rs. 17,950/ - per month with effect from 30.6.1992. An appeal was filed by the tenant against that order, as BBC Appeal No. 23 -R 15/92 -93. The landlord also filed an appeal as BBC Appeal No. 36 -R/92 -93. On 20.11.1992, in the appeal filed by the tenant, finding that the tenant had not paid any rent, the Appellate Authority passed an order directing the tenant to deposit the rent fixed as the fair rent by the Rent Controller in terms of Section 16 of the Act as it stood prior to its amendment with effect from 14.2.1994. The matter was posted for deposit of the rent to 8.1.1993 and was again adjourned to 22.1.1993. Noticing that the tenant had not deposited or paid the rent, the matter was again adjourned to 5.3.1993. On that date, finding that the tenant had not deposited the rent as fixed by the Rent Controller, and as ordered by the Appellate Authority, the defence of the tenant was -struck off and as a consequence, the appeal filed by the tenant was dismissed. Subsequently, by order dated 28.5.1993, the appeal filed by the landlord was allowed after hearing both sides and the fair rent was enhanced from Rs. 17,950/ - to Rs. 25,390/ - per month.
(3.) THE tenant had filed a revision No. 47 of 1993 challenging the order of the Appellate Authority dated 20.11.1992 directing him to deposit the fair rent in terms of Section 16(1) of the Act. But no revision was filed by the tenant against the final order dated 5.3.1993, dismissing the appeal filed by him on the striking down of his defence in terms of Section 16(2) of the Act as it then stood. Thus, the order dated 5.3.1993 dismissing the appeal filed by the tenant challenging the final order of the Rent Controller fixing the lair rent, become final, whatever may be the reason for the dismissal. The tenant also filed another revision No. 34 of 1994 challenging the enhancement of fair rent in the appeal filed by the landlord, from Rs. 17,950/ - to Rs. 25,390/ - per months. The tenant, in the revision filed against the interim order dated 20.11.1992 in his appeal, sought a stay of operation of the order of the Rent Controller impugned in that revision, namely, the order directing him to deposit the fair rent, Though on 19.7.1993, the Revisional Authority stayed the operation of the order dated 20.11.1992, in a writ petition filed by the landlord, the said order of the Revisional Authority was quashed and the Revisional Authority was directed to dispose of the revisions on merit. It is thereafter that the Revisional Authority look up both the revisions filed by the tenant, one against the interlocutory order of the Appellate Authority in the appeal filed by him and the other, against the final order passed by the Appellate Authority in the appeal filed by the landlord, enhancing the fair rent. The Revisional Authority, on a consideration of the relevant aspects, dismissed both the revisions. Feeling aggrieved thereby, the tenant filed CWJC No. 731 of 1998 invoking Article 226 and 227 of the Constitution of India.;