SRIGORUDWARATAKSHALSANGAT Vs. DOST MOHD

JUDGEMENT

(1.) This plaintiff's assail an order by which after setting aside of the order of dismissal of their eviction suit filed under Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'Act') a fresh order has been passed on their disposed of application under Section 15 of the Act in the circumstances set forth below.

(2.) The Facts :- The suit in question was filed in the year 1983 for realisation of arrears of rent from November 1980 to November 1983 and for eviction of the opposite parties on account of default in payment of rent. On 27-4-1984 the opposite parties filed their written statement stating inter alia, to the effect that the petitioners have no title to the disputed house and prayed to dismiss the suit. On 23-11-1984 the petitioners filed a petition under Section 15 of the Act for directing the opposite parties to deposit rents. The said petition was allowed by an order dated 9th February 1985 (as contained in Annexure-1) directing the opposite parties to deposit arrears of rent till 23rd February. 1985 and also to deposit current and future rents within the time mentioned therein, in the event of failure thereof the defence against ejectment was also directed to be struck off. The said order was not complied with rather on 13-3-1985 an application was filed by the opposite parties for issuance of a chalan for depositing the rent. This payer was opposed by the petitioners. The petition was directed to be heard on 19-4-1985. On that day, however, the petition was not pressed rather time was taken by the opposite parties. It is said that thereafter till 25th Jane, 1986 the hearing of the petition dated 13-3-1985 was adjourned repeatedly on petitions for adjournments filed by the opposite parties. On 26th June, 1986 they filed yet another petition praying to allow them to deposit arrears of rent through chalan in court. That prayer was also opposed by the petitioners by filing a rejoinder. The petition dated 26-6-1986 was heared and rejected by order dated 4th July, 1986 as contained in Annexure-2. The suit, however, was dismissed for default on 23rd July, 1986. The opposite parties filed C. R, No. 1266 of 1986 challenging that order. The said revision was placed for admission on 25th August, 1986. By an order dated 25th August, 1986 it was disposed of as follows:-

(3.) This civil revision application was admitted on 11-9-1989 and farther proceeding in the court below was stayed. From the office notes it appears that the notices were validly served on the opposite parties. They, however, have not entered appearance. Accordingly I proceed to dispose of this civil revision application even in their absence.