SALAMUDDIN MIAN Vs. SANU MIAN

JUDGEMENT

(1.) This revision by the plaintiffs-landlords is directed against an order allowing the defendants-tenants to cross-examine plaintiffs' witnesses on the point of title and arrears of rent and to adduce evidence on the point of title, in a suit for eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act').

(2.) The suit in question, namely, Title Suit No. 10/ 84 has been instituted for eviction on the grounds of default and personal necessity as well as for decree of arrears of rent.

(3.) The defendants have filed a written statement and it appears from the impugned order that besides taking other pleas, they have also claimed independent title in respect of the building in question. Pursuant to an application filed by the plaintiffs on 6-6-1985, the court below passed an order in terms of S. 15 of the Act on 19-7-1985, directing the defendants to deposit arrears of rent as well as current rent. Since the defendants failed to comply with the aforesaid order and make the necessary deposits, on 29-11-1986 the court below on petition filed by the plaintiffs in that behalf directed that the defence against ejectment be struck off. Later, on 12-3-1987, a petition was filed on behalf of the defendants for permission to cross-examine the plaintiffs' witnesses in respect of their claim of title and arrears of rent and also to adduce their own evidence in support of their case of title with respect to the building. The court below by the impugned order has allowed the aforesaid prayer in the manner stated above.