IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2251 of 2006 LALAN PRASAD YADAV, S/o late Badudeo Prasad Yadav, R/o Begam Ki Haveli, P.S. Khajekalan, District Patna …… Petitioner/Plaintiff Versus YOGENDRA PRASAD, S/o late Kamta Prasad Gupta, R/o Mohalla Khajekalan Sabzi Mandi, P.S. Khajekalan, District Patna ……. Opposite Party / Defendant ----------- For the petitioner : Mr. Muinuddin Ahmad, Advocate For the Opp. Party : Mr. Mohit Kumar, Advocate ----- 4 28.01.2010 Heard learned counsel for the petitioner and learned counsel for the opposite party. This civil revision is directed against the order dated 6.11.2006 passed by Sub Judge, 1st, Patnacity in Title Eviction Suit No. 1 of 2005, whereby petitioner’s prayer for grant of arrears of rent as well as current rent under Section 15 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as “the B.B.C. Act”) has been rejected. It is submitted on behalf of the petitioner that plaintiff – petitioner claimed Rs. 1200/- per month as rent of the premises occupied by the defendant. However, the Court concerned has found that no evidence could be produced on behalf of the petitioner to show that Rs. 1200/- per month was the 2 rent of the premises. From the money-order receipts sent by the defendant it appeared that Rs. 150/- per month was the actual rent. However, it is submitted on behalf of the petitioner that even that rent has not been directed to be paid by the Court concerned. Learned counsel for the defendant – opposite party submitted that the defendant is ready to pay the rent of Rs. 150/- per month, admitted by the defendants. Learned counsel for petitioner also accepts that without prejudice to his case and his stand taken in the plaint. In that view of the matter this civil revision is disposed of on the consensus being reached between the parties as under: The defendant shall deposit the arrears of rent in the Court concerned from January, 2005 to January, 2010 at the aforesaid admitted rate of Rs. 150/- per month within two month from today. The aforesaid amount shall be released by the Court concerned in favour of the petitioner. The defendant will also continue to pay the current rent within 15 days of every month till the disposal of the suit, 3 failing either of which the legal consequences as pooled in the B.B.C. Act would follow. This order has been passed in presence of both the parties upon the undertaking a consensus being reached between them and upon undertaking by their respective learned counsel, without prejudice to the case of the respective parties in their respective pleadings. In view of the aforesaid observations and directions, this civil revision stands disposed of. Spd/- (Dr. Ravi Ranjan, J.)