SINANATH SONAR Vs. RAMJI PRASAD KESHRI

JUDGEMENT

(1.) This case involves a matter of first impression. The defendant of Title Suit No. 1 of 1983 of the court of 2nd Munsif, Buxar, is the petitioner here. This revision petition is direcetd against the order dated 30th April, 1985 by which the learned Munsif has directed that the suit for eviction from lease hold building filed on composite grounds be bifurcated into two parts, or rather into two suits for all practical purpose.

(2.) On 23-12-82 a composite suit was filed by the plaintiff-opposite party for eviction of the petitioner on the ground of personal necessity and default in the payment of rent. So far as the question of eviction on the ground of personal necessity is concerned, a special summary procedure has been prescribed in the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (Bihar Act No. 4 of 1983) (hereinafter referred to as the Act) in which certain special features have been engrafted in the statute book with some obvious purpose. But so far as a composite suit is concerned, namely, a suit on the ground of personal necessity as covered by Section 11 (1) (c) of the Act and other provisions of Section 11(1) of the Act, the trial is to be guided by the proceedings in the usual manner and there is no short cut for it in the statute book. To continue the narration of facts on 6-1-1983-the defendant-petitioner filed his written statement regarding default in the payment of rent as well as personal necessity. Long thereafter on 12-3-1985 the plaintiff-opposite party filed an application for bifurcation of the two subject matters one with regard to personal necessity and the other with regard to default in the payment of rent. By the impugned order the court below has done so.

(3.) Mr. Sukumar Singh, learned counsel for the petitioner contends that this is absolutely an illegal order as the suit cannot be bifurcated at any time after the written statement has been filed by the defendant in an eviction suit under the Act. In my opinion, there is much force in this contention. Section 14 of the Act, as already stated above, provide for special procedure for disposal of cases for eviction on the ground of bonafide reasonable requirement. Subsection (2) thereof enjoins that :- "The Court shall issue summons in the prescribed form in every suit referred in sub-section (1) without delay." Sub-section 3 (i) of Section 14 of the Act contemplates that :-