SARDAR SINGH KALRA Vs. MAHESH KUMAR LOHANI

JUDGEMENT

(1.) THIS Civil Revision is directed against the order dated 22.9.2001 passed by the court below decreeing the suit of the plaintiff -opposite party under section 14(4) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act ').

(2.) NECESSARY facts for disposal of the present revision application are that the plaintiff opposite party filed the suit on 18.3.1997 for a decree of eviction under section 14 of the Act on the ground of personal necessity. Summons was duly served on the tenant -petitioner and, thereafter, the suit was fixed for ex parte hearing and on 25.7.1998, it was decreed ex parte. On 31.3.1999, the defendant -petitioner filed a misc. case for setting aside the ex parte decree and on 3.7.1999, the ex parte order and decree dated 25.7.1998 were set aside with cost of Rs. 100/ - and the next date fixed was on 12.7.1999 and the defendant was directed to take step according to law. On the next date, the defendant neither deposited the cost nor did he file any affidavit in terms of sec. 14(4) of the Act, rather a petition for time was filed for filing written statement. The next date fixed in the case was 26.7.1999, on which date also the defendant did not deposit the cost nor did he file the said affidavit. Thereafter, the case was adjourned to 12.8.1999, on that date also only a time petition was filed without complying with the earlier order of filing the affidavit and depositing the cost. The case was adjourned to 26.8.1999, on which date the plaintiff -opposite party filed a petition for passing a decree in terms of section 14(4) of the Act. Thereafter, the defendent - petitioner filed an objection on 13.9.1999 and a petition for condoning the delay in deposit of cost as well as a time petition for filing affidavit was also filed and on the next date i.e. 29.9.1999 an affidavit was filed on behalf of the defendant.

(3.) ACCORDING to the said provision, after service of summons, the tenant, if wants to contest the eviction, has to file an affidavit stating the ground on which he seeks to make such contest and obtains leave from the Court; and in default of the appearances in pursuance of the summons or his obtaining such leave the statement made in the plaint shall be deemed to be admitted by the tenant and the decree on the said basis shall be passed.