JUGESHWAR PRASAD SAH Vs. SANTOSH KUMAR AGRAWAL

JUDGEMENT

(1.) THIS civil revision by the defendant under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short, the Act) arises from an order of eviction.

(2.) THE plaintiffs opposite party filed Title (Eviction) Suit No. 19 of 1993 for eviction of the petitioner on the ground of personal necessity in terms of Section 11(1)(c) of the Act. According to them, they are the owners of the premises, described as wooden counter, which was let out to the petitioner, in the beginning at the rental of Rs. 75/ per month which was subsequently raised to Rs. 165/ and then Rs. 550/ . The petitioner executed the memorandum of kirayanama and was regularly paying rent under proper receipt. Plaintiff No. 1's two sons, namely, Santosh Prasad Agrawal and Kaushal Kumar Agrawal (who were later added as plaintiffs) as well as plaintiff No. 2 Gandhi Pd. Agrawal were sitting idle. The plaintiffs therefore needed the premises reasonably and bona fide in order to start business of Manihari and General Stores for earning their livelihood. The plaintiffs demanded the defendant petitioner to vacate the premises which he declined and hence the suit.

(3.) IT is not clear from the order whether the leave to contest the suit was granted by the Court. Counsel for the parties did not go into that question. Be that as it may, it appears that on appearance of the petitioner, the plaintiffs filed an application seeking direction to him to deposit arrears of rent as well as current rent in terms of Section 15 of the Act whereupon, on 17.4.95 the Court directed the petitioner to deposit arrears of rent, within one month from the date of the order, from February, 1984 to up to date and to pay current rent @ Rs. 550/ per month. It is an admitted position that the said order was not complied with as a result of which by order dated 20.7.95 the defence of the petitioner was struck off in terms of the provisions of Section 15 of the Act.