HARI NARAIN PRASAD Vs. KRISHNA PRASAD

JUDGEMENT

(1.) This second appeal by the defendant arises out of a suit filed by the plaintiff-respondents for realisation of arrears of rent and also for eviction of the appellant from the suit premises.

(2.) The suit was decreed exparte and thereafter an appeal was preferred before the District Judge, Patna which was heard and dismissed by the First Additional Subordinate Judge, Patna thereafter this second appeal.

(3.) In order to appreciate the points raised, it will be necessary to bear the following facts in mind.The plaintiffs-respondents filed the suit for eviction of the appellant and for arrears of rent on the ground of personal necessity as also on the ground that the appellant was a defaulter within the meaning of the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947. The suit was filed in the Court of the Munsif, at Patna. The defendant appellant appeared and filed his written statement denying the allegation that he was a defaulter. The fact that the plaintiffs required the premises for their own occupation was also denied. The defendant-appellant on 8th Feb. 1974 filed certain documents in the Court of the Munsif, Patna, which, according to him, conclusively proved that the rent, as and when became due, was paid to the plaintiffs. Before the suit could be taken up for hearing by the Learned Munsif, Patna City by an administrative order passed by the District Judge, Patna on 25th March, 1974. It appears that the record of the suit was sent after this order to the Court of the Munsif, Patna City, but by mistake the documents that were filed by the defendants remained in the Court of the Munsif, Patna. 13th Dec. 1976 was the date fixed in the suit before the Munsif, First Court, Patna City. On that date an application was filed by the appellant praying to call for the documents that were filed by him in the Court of the Munsif at Patna in the suit when it was pending there for disposal. The prayer was allowed and the documents were directed to be called for from the Court of the Munsif, Patna. On 15-2-1977, the date fixed in the suit for hearing, the plaintiffs filed hazri and an application for time was filed by the appellant on the ground that the documents called for by order dated 13th Dec. 1976 had not been received. The Learned Munsif, rejected the prayer for time and directed that the documents should be called for through special messenger. He also observed that the documents will be received in course of the hearing of the suit. At about 12 noon, the case was called out for hearing it may be mentioned here that till then the documents were not received. An oral prayer by the junior counsel engaged by the appellant was made that the suit may be adjourned at least for two hours so that the Senior Counsel, who had gone to the Civil Court, at Patna may come back. The prayer was refused and the case was taken up for hearing. The junior Counsel thereafter left the proceeding and the case was taken up ex-parte. Four witnesses were examined and discharged and thereafter judgment in the suit was delivered on 23-2-1977 decreeing the suit of the plaintiff.