9911796707
TMI Blog1966 (4) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 at the rate of ₹ 200/p.m. with interest and for payment of compensation at the same rate from the date of suit till the recovery of possession of their, share in the house. The facts which are not disputed before us are these: The property in dispute which is situate within the limits of the municipality of Bhagalpur was purchased jointly by five persons, Juri Mal, Gajanand, Ramasahai Sah, Jahuri Sah and Ramgali Sah. The first two of these are father and son (and were members of a joint Hindu family). Both of them are dead. Plaintiffs 1 to 4 are the sons and plaintiff 6 is the widow of Gajanand and plaintiff No. 5 is the widow of Jurimal. Jurimal, Gajanand (constituted a joint Hindu family) and plaintiffs 1 to 4 constituted a joi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, not joined as party to the suit. The defendants denied the claim and -stated that the suit was barred by the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act 3 of 1947) (hereafter referred to as the Act) as well' as by the rule of estopping. They also raised the plea that under the contract entered into between the two families ₹ 501- p.m. was payable as compensation and not ₹ 200/- p.m. as alleged by the plaintiffs. According to them the-suit was barred by the rule of estoppel. They contended that the claim for compensation for a period prior to the expiry of 3 years from the date of suit was barred by time. They also raised some other contentions in the written statem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 200/- p.m. was duly established and that as it was competent to a civil court to enforce the contract the suit for recovery of arrears of compensation was maintainable. The High Court accepted the defendants' contention that the claim for arrears must be limited to a period of three years prior to the institution of the suit. It allowed interest on the arrears at 6% p.a. and decreed the claim of the plaintiffs for partition and for arrears of compensation. The plaintiffs then moved the High Court under s. 151 read with O.XX, r. 18, Code of Civil Procedure for granting them appropriate relief with respect to their claim for compensation, for use and occupation of the house from the date of suit till delivery of possession of their shar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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