SARDAR TARA SINGH Vs. PRITI LALL

JUDGEMENT

(1.) This revision petition is directed against an order dated 15.2.1977 of Munsif, Second Court, Patna striking off the defence against ejectment of the defendants.

(2.) Plaintiff-opposite party no. 1 filed a suit in 1969 for eviction of the defendants including the petitioner under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter referred to as 'the Act') on the grounds of arrears of rent since April, 1969 and personal necessity. During the pendency of the suit the plaintiff filed an application under section 11-A of the Act seeking a direction from the court that the defendants be directed to deposit arrears of rent as well as future rent in respect of the premises let out to the defendants at the rate of 65/- per month. On the 4th February, 1975 the Court passed necessary order for payment of arrears of rent as also the monthly rent and the future rent from the month to month to be deposited by 15th of the following month. There is no dispute that the Court's order under section 11-A was complied with till before October, 1976. However, there was default in depositing the rent for the month of October, 1976! Thereafter the plaintiff filed an application on 25th January, 1977 before the learned Munsif for necessary orders directing the defence against ejectment to be struck off. To that the defendant petitioner filed a rejoinder mainly alleging that as the life of the Act under which the order under section 11-A was passed, expired on 31.3.76 and the Act being nonest the court had no jurisdiction to pass an order striking off the defence. The learned Munsif after hearing the parties has ordered that the defence against ejectment of the defendants be struck off. Hence, this application in revision.

(3.) Learned Counsel appearing on behalf of the petitioner has urged that as the Act in question has lapsed on 31st of March, 1976 and it was not extended by any subsequent Legislation or by any necessary notification, the court had no jurisdiction to pass the order under section 11-A, the Act having lapsed. Sub-section (3) of section 1 of the Act on which both sides have relied may usefully be quoted below :