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1982 DIGILAW 116 (PAT)

Jaikishun Sao v. Sheochandri Devi

1982-09-17

B.P.JHA

body1982
JUDGMENT : B. P. Jha, J. This civil revision petition is against an order dated 14-7-1981. 2. By the impugned order, the court below directed the petitioner-tenant to pay arrears of rent at the rate of Rs.100/- per month from September, 1980 to June, 1981. I have been informed by the counsel of both the parties that the suit was filed on 30th September 1980 and as such I hold that the petitioner will be liable to pay arrears of rent from October, 1980. Since this Court had stayed the further proceedings in the court below, hence I direct the petitioner to pay arrears of rent between October 1980, and November 1982 at the rate of Rs. 100/-, which he is directed to deposit by 15th December, 1982. So far as the future rents are concerned, the petitioner will deposit the same on the 15th of next following month. Hence, the order of the court below is modified to the extent mentioned above. 3. In the present case the application was filed under Section 13 of the Bihar Buildings (Lease, Rent & Eviction) Control Act and the order was passed when the Act was not in force. This Court has consistently held that after an application has been filed when the Act was in force, the court is entiled to pass order under Section 13 of the Act even after its expiry. 4. In the result, the petition is partly allowed and partly dismissed. The impugned order is accordingly set aside. Petition partly allowed.