RAJESH KUMAR Vs. HARI PRASAD

JUDGEMENT

(1.) This Civil Revision has been at the instance of landlord and arises out of Bihar Buildings (Lease, Rent and Eviction) Control Act, 1983 (hereinafter referred to as the Act).

(2.) This petition is directed against an order by which the Court below has refused to resort to S.14 of the Act holding that the general procedure of hearing and trial as embodied in the Code of Civil Procedure would apply. The Court below has also accepted the written statement, filed by the tenant-defendant. Both the grounds given by the Court below are being assailed before me by the landlord-petitioner.

(3.) Before I deal with the case, I would like to state few facts which would be essential for determining the question canvassed before me. The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1983 has been brought in force on and from 1-4-1981 by virtue of S.1(3) of the Act except S.28 which came into force on the enactment of the Act. This Act was preceded by an Ordinance known as Bihar Ordinance, 63 of 82 and received assent of the Governor on 3-11-1982 and published in the Bihar Gazette on the next day.