ANANT PRASAD SINGH Vs. DEVENDRA KUMAR SINHA

JUDGEMENT

(1.) In this application by the defendant the only question is as to whether he committed any default in carrying out the peremptory order of this Court dated 9-7-1975 passed in Civil Revision No. 377 of 1975 granting him some time to deposit the arrears of rent and thereby incurring the liability of his written statement being struck off.

(2.) The facts are these. The petitioner had come earlier to this Court in the aforesaid revisional application against the order of the trial Court passed against him under Section 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter called 'the Act'). While refusing to interfere with the order of the trial court I had directed to deposit arrears of rent from 28th May to July, 1974 at the rate of Rs. 325/- per month by 9th August, 1975 in the trial court and then to go on depositing future rents within fifteen days of the each succeeding month.

(3.) In pursuance of the aforesaid order the petitioner made deposit of a sum of Rs. 4.592A within the time granted by this Court but unfortunately for him, the amount on proper calculation was short by about Rs. 31. An application was accordingly filed by the landlord for striking out his defence and the learned Subordinate Judge by the impugned order has struck out his defence.