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1999 DIGILAW 749 (PAT)

Jai Prakash Pardia v. Prabhu Lal Chowra

1999-08-10

M.Y.EQBAL

body1999
Judgment M.Y.Eqbal, J. 1. Heard Mrs. Indrani Sen Choudhary, learned Counsel appearing for the petitioner. No one appears on behalf of the O.P. inspite of service of notice. 2. This revision is directed against the order dated 12-8-98 passed by the Court below under the provisions of Sec. 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, directing the defendant/tenant to deposit the arrears of rent since from the date of institution of the suit. 3. The grievance of the petitioner is that the rent is due since July 1996 to May 1998, although suit was filed in 1997. Having regard to the aforesaid facts and also in view of the law settled by this Court, the Court below ought to have direct the defendant to deposit the arrears of rent since July 1996. 4. In that view of the matter, this application is allowed and impugned order dated 12-8-98 is modified to the extent that the defendant shall deposit all arrears of rent from July 1996 within 15 days from the next date fixed in the suit.