After the tenant filed his written statement companytesting the suit the landlord moved an application under Section 15 of the Act claiming arrears of rent for the period prior to filing of the suit and also the current rent.
During the pendency of the special leave petitions in this companyrt a Full Bench of the Patna High Court in Priyavarta Mehta Vs.
The following an earlier single Judge Bench decision in Deep Narain vs Anil Kumar Sinha.
This application of the landlord was allowed by the subordinate Court but on a revision filed by the tenant in the High Court the said order was modified.
On numberice being issued to the tenant and after following the procedure prescribed the tenant was granted leave to defend the suit.
The landlord thereafter filed an application in the High Court seeking review of the order on the ground that the single Judge in following the decision in Deep Narains case supra did number take numberice of a Division Bench decision of the High Court in Dwarika Prasad Kapri Vs.
Thus these two appeals.
1905 BBCJ 782 directed the tenant to deposit the arrears of rent only from the date of filing of the suit.
landlord may move an application at any stage of the suit for order on the tenant to deposit rent month by month at a rate at which it was last paid and also subject to the law of limitation, the arrears of rent, it any and the Court after giving heard may make any order for deposit of rent month by month at such rate as may be determined and the arrears of rent, both of before or after the institution of the suit if any and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of order or the rent at such rate for any month by the fifteenth day of the next following month, the Court shall order the defence against ejectment to be struck off and the tenant to be placed in the same position as if he had number defended the claim to ejectment and further the Court shall number allow the tenant to cross examine the landlords withnesses.
P. Wadhwa, J. Delay companydoned.
Special leave granted.
1982 for short the Act only from the data of institution of the suit for eviction, Section 15 in as under Deposit of Rent by tenants in suits for ejectment, 1 if, in suit for recovery of possession of any building the tenant companytests the suit as regards claim for ejectment.
