AIR 1973 PATNA 361 ::1974 BLJR 531 ::ILR (1973) 52 Pat 746

Patna High Court

Hon'ble Judge(s): Shambhu Prasad Singh, A. N. Mukharji , JJ

(A) Bihar Buildings (Lease, Rent and Eviction) Control Act (3 of 1947) , S.8A(2)— (as inserted in 1955) - Adjustment of municipal taxes paid by tenant. Brief Note :- (A) After the amendment, the tenant is entitled to adjustment of municipal taxes paid by him when he is ordered to deposit rental arrears.(Para 6) (B) Bihar Buildings (Lease, Rent and Eviction) Control Act (3 of 1947) , S.11A— Direction to tenant to make deposit at the rate of rent last paid. Brief Note :- (B) Though ordinarily direction is to be given to a tenant to make deposit at the rate of rent last paid it is subject to variation in cases where fair rent of the house is determined by the Controller at a rate somewhat different from the rate at which it was last paid.(Para 7) (C) Bihar Buildings (Lease, Rent and Eviction) Control Act (3 of 1947) , S.11A— Expression " arrears of rent" means " arrears of rent lawfully payable" . 1967 BLJR 397 and AIR 1973 Pat 60, Overruled. Civil P.C. (5 of 1908) , O.2 R.2— Brief Note :- (C) S. 11-A has to be read together with and subject to other provisions of the Act and not independent of them. It has also to....