SANTOSH SINGH Vs. RAM CHANDRA SAH

JUDGEMENT

(1.) :- The defendants-tenants have filed the present revision application against the order dated 11-1-1988 passed by Munsif, Ist Court, Samastipur in Misc. Case No. 6 of 1987 by which he has rejected the application of the petitioners under Order IX, Rule 13 of the Code of Civil Procedure (hereinafter to be referred to as the Code) for setting aside the ex parte decree dated 29-4-1987 passed in Title Suit No. 1 of 1987 on the ground that the aforesaid application was not maintainable in view of the specific provisions contained in S. 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as the Act).

(2.) Primary question for determination in the present case is as to what is the remedy available in law to a tenant to challenge an order of eviction passed against him under S. 14(4) of the Act on the ground that the said order was passed without service of summons on him for his appearance.

(3.) As the point involved is a pure question of law, a detailed factual background is not necessary in this case. The original plaintiff opposite party (now dead and his heirs and legal representatives have been substituted) had filed suit for eviction on 12-1-1987 against the petitioners from the suit premises which is a shop situate in Mohalla Kasbe Aahar, P. S. Tajpur, District Samastipur on the ground of personal necessity. According to the case of the plaintiff, the defendants were inducted tenants of the premises on the monthly rental of Rs. 111.00. He wanted the suit premises for starting a business for his son. He requested the defendants to vacate the premises but they refused, hence the suit for eviction.