SHIVE SAGAR SINGH Vs. SHIVE KUMARI DEVI

JUDGEMENT

(1.) This application is against an by which the defence of the petitioner -defendant who is a tenant has been struck off on the ground that the monthly rent was not paid as directed by the court to pay on the 15th day of the following month. The ground therefore to deny the petitioner's right to file written statement cannot be assailed. A ground has, however, been raised that the prayer for relief under Sec. 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 could not have been made in view of the fact that when the petition was filed the 1947 Act had lapsed and a new proceeding under the provision of that Act could not be initiated. In my view then is no substance in this submission because the point is fully answered by two judgments of this Court reported in, 1979 B.B.C.J. 202 and 235 (Srichand Sao v/s. Indradeo Prasad and others and Ahmad Raza Khan v/s. Bhola Prasad : 1979 PLJR 362). In those decisions it has been held; that there is no hiatus between 1947 Act and 1977 Act and in view of the relevant provision of the 1977 Act it would be deemed that the 1977 Act commenced on the date the 1947 Act lapsed. It, therefore, means that Sec. 13 of the 1977 Act which is similar to Sec. 11 of the 1947 Act was all along existing and the petition filed by the plaintiff was entirely misconceived.

(2.) There is no merit in this application. It is accordingly dismissed but without costs.