BIHAR ALLOY STEELSLTD Vs. HORI SHANKER WORAH (PROPERTIES

JUDGEMENT

(1.) This application was admitted to hearing on 22 -7 -1985 and ordered to be placed before an appropriate Bench for the said purpose on 12 -8 -1985

(2.) When this case, however, was placed for the hearing, a contention was raised that although the suit filed by the opposite party was tried in accordance with the special procedure prescribed Under Sec. 14 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act), since it was decided on contest after the Court granted permission to the tenants -petitioner therefore, the application should be treated as a first appeal, yet another contention was raised based on the language used in Sec. 14 (2) of the Act, that a suit for the recovery of possession of any premises on the ground specified in Clause (c) or (d) of Sub -section (1) of Sec. 11 of the Act, be taken up for hearing in accordance with the procedure in Sec. 14 of the Act, summons must issue in the prescribed form in every such suit. The word 'prescribed' has been defined in Sec. 2 (g) of the Act to mean, 'prescribed by rule'. Since no rule has been prescribed, nor a notice contemplated in Sub -section (2) of Sec. 14, but a notice of regular suit in accordance with the Code of Civil Procedure had been issued. In such a situation, the trial, on the facts of this case, was not in accordance with the special procedure prescribed in Sec. 14 of the Act but in accordance with the procedure for any other suit. Noticing in this order, dated 12 -12 -1985 the said two contentions and on the fact that on the latter contention, had referred a case to a Division Bench for decision, L.M. Sharma, J., ordered for placing this case before a Division Bench. The case has, accordingly, been listed before us for hearing.

(3.) Before I enter into the facts and the law in respect of the matter in issue before us, I may dispose of at least one contention that fell for consideration before me in a case and 1 referred the matter for hearing by a Division Bench. The said case has already been disposed by a Division Bench, of which 1 was a member and the question, therefore, as to the notice in the prescribed form, has been concluded by a Division Bench judgment of this Court.