Gowali Charan v. Surendra Kumar Khandani And Others

Order

Having regard to the fact that the entire rent for the period in question from January-February 1967 to January-February 1968 had been paid to the plaintiff, we do not think that the High Court was justified in holding that the plea of wilful default has been established entitling the plaintiff to a decree for eviction under Section 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. The appeal is accordingly allowed. However, we direct that tenant shall be liable to pay enhanced rent at the rate of Rs 500 per mensem with effect from April 1, 1978. This order shall be without prejudice to the rights of the respondents to pursue their claims for eviction on the ground of bona fide requirement under Section 13(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1980 which is said to be pending in the Court of Munsif, Gaya. The arrears of rent accrued due uptill date at the aforesaid rate of Rs 500 per month from April 1,1978 shall be deposited by the appellant in the Court of Munsif, Gaya within three months from today. In default, the decree for eviction passed against the appellant by the Additional District Judge, Gaya shall stand confirmed and the appeal stand dismissed. The parties will bear their respective costs throughout.