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1. This civil revision application is directed against the order dated 4-10-1997 passed by the 6th Addl. District Judge, Patna, refusing to allow the petitioner's prayer for a direction to the opposite party to deposit the arrears of rent for the period March, 1995 to July, 1997 at the rate fixed by the House Controller i.e. Rs. 960/- per month.

2. The brief facts of the case are that the petitioner being the owner and landlord of the suit premises known as Bank building situated at Meena Bazar, Patna Market, Patna instituted a suit for eviction of the defendant-opposite party from the shop premises situated in the ground flour of the aforesaid building. The plaintiff-appellant's case was that the defendant was inducted as a tenant in the shop premises long back on a monthly rent of Rs. 100/-. In the year 1988 the petitioner filed a case for fixation of fair rent under Sections 5 and 8 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as "the Act")- The said case was registered as BBC Case No. 328 of 1988 in the Court of House Controller. Patna. The Controller by a final order dated 12-6-1989 fixed the fair rent of the shop premises alRs. 960/- per month. The opposite party filed appeal before the Collector, Patna against the order of the House Controller being BBC Appeal No. 29 of 1989-90. The appeal was eventually dismissed on 11-3-1994. It is alleged that the opposite party did not file any revision against the order of the Collector and thereby the order of the House Controller became final and fair rent became payable w.e.f. 30-9-1988.