HARI NANDAN SINGH Vs. RANJIT KUMAR SAMANTA

JUDGEMENT

(1.) This revision by the tenant-defendant is directed against the order dated 21st November, 1978, passed by the Second Additional Munsif, Ranchi, in Title Suit No. 117 of 1975 directing the defendant to deposit arrears of rent from September 1975 --the month the suit has been instituted at the rate of Rs. 70/- per month within fifteen days up to the date of the order failing which the defence was ordered to be struck off. By the same order the suit was directed to be put up for hearing on 6th December, 1978.

(2.) This revision application was originally placed for hearing before a learned single Judge of this Court, who by his order dated 29th November 1979 has referred the case to a Division Bench as the correctness of the unreported decision of a single Judge of this Court in Civil Revision No. 14 of 1978 (R) (Bisheswar Das v. Smt. Pratima Mukherjee) dated 31st August, 1978, was doubted. That is how it has been placed before us for hearing.

(3.) The plaintiff--opposite party, who is the landlord, filed the aforesaid suit for eviction of the tenant-defendant from the premises fully described in the schedule of the plaint on the ground of default in payment of rent from October, 1974, and also personal necessity and for violation of the terms of the agreement by converting the premises into store-yard though it was let out for domestic purposes. The defendant-petitioner filed a written statement contesting the suit.