SACHCHIDANAND SHUKLA Vs. SUDHA SINHA

JUDGEMENT

(1.) THIS civil revision by defendant No. 1 is directed against order dated 27.5.1997 passed by the Munsif Sadar, Motihari, in Eviction Suit No. 3 of 1997 rejecting his petition/affidavit seeking leave to contest the suit.

(2.) SECTION 14(4) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short, the Act) requires the tenant to obtain leave to contest the suit where the suit is brought for eviction on the ground of either personal necessity or expiry of the period of tenancy, specified in Clause (c) or (e) of sub-section (1) of Section 11 of the Act.

(3.) MR . Bipin Bihari Sinha, learned Counsel for the plaintiffs-opposite party, submitted that on 19.3.1991 the Court below had passed an order debarring the petitioner from contesting the suit, which was not challenged by him. The prayer for leave contained in the petition/affidavit filed later on 2.4.1997 was therefore completely misconceived, and the Court below rightly refused to recall its previous order and grant leave.