LALLAN KISHORE SARAN Vs. TARA CHAND AGARWAL

JUDGEMENT

(1.) While admitting these civil revision applications, a learned single Judge of this Court directed the case to be heard by a Division Bench on the ground of importance of the point involved. The question relates to the interpretation of Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982.

(2.) The petitioner in C.B 1406 of 1983, who is the owner of a building in Patna town, has filed a suit in the Court of the Subordinate Judge, 1st Court, Patna, for a decree for eviction against his tenant, defendant opposite party, on the grounds of personal necessity, default in payment of rent and breach of the terms of tenancy. After service of notice, the defendant appeared and prayed for time to file his written statement. The plaintiff objected on the ground that the defendant had failed to file an affidavit and obtain the leave of the Court to contest the suit, as contemplated by Section 14 of the Act.

(3.) Section 11 of the Act enumerates the grounds on which a decree for eviction of a tenant can be passed, which include bona fide requirement in Clause (c) and expiry of the period of tenancy in case of a lease for a specified period in Clause (e) Section 14 prescribes special procedure for trial of a suit for eviction of a tenant on these two grounds. The object is to ensure expeditious disposal of the suit. Sub-sections (3) to (7) lay down the procedure in the following terms: