DWARKA PRASAD Vs. MOHD ISMAIL

JUDGEMENT

(1.) This is a defendant's revision against an order by which the trial court had reviewed its earlier order dated 17 -6 -1985, and had proceeded to struck off his defence under Section 15(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act').

(2.) The necessary facts are as follows: - On an application dated 21 -12 -1984, under Section 15(1) of the Act, filed by the plaintiffs -opposite parties, the trial court passed an order dated 2 -2 -1983 directing the petitioner to deposit arrears of rent as well as future rent by 15th of every succeeding months. On 21st December, 1984 the plaintiffs -opposite parties filed an application for striking off the defence of the petitioner on the ground that the rent for the period August and September 1984, have not been deposited. The petitioner filed a rejoinder. The trial court by an order dated 17 -6 -1985, held that the rent for the months of August and September, 1984, having been deposited on 13 -9 -1984, there is no substance in the petition dated 21 -12 -1984 filed by the plaintiffs and it proceeded to reject the same.

(3.) I am informed at the Bar that the plaintiffs did not move higher against the aforesaid order dated 21 -12 -1984.