VIJAY KUMAR Vs. SHAMBHU NATH PRASAD

JUDGEMENT

(1.) HEAD Mr. Vindhyachal Singh for the petitioner and Mr. Uday Shanker Sharan Singh for the opposite party.

(2.) THE petitioner is the defendant in a suit for eviction. This civil revision application is directed against the order dated 14.9.98 passed by the learned Munsif 1st, Hajipur, in Eviction suit no. 6/97 (Shambhu Prasad vs. Vijay Kumar) whereby the petitioner's defence has been struck off within the meaning of section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 on account of delay in deposit of rent for the month of May 1998.

(3.) THE trial court by its order dated 16.4.98 directed the defendant to pay current rent of each previous month by the first week of next month. The defendant defaulted in payment of rent of May 1998. The defendant had remitted per money order the rent for the month of May 1998 and June 1998 together on 6.7.98. Rent of May 1998 ought to have been remitted by the first week of June 1998. There was thus delay of exactly one month in remitting the rent for May 1998. Thereafter the plaintiff filed an application dated 2.7.98 to strike off the defence of the defendant in terms of section 15 of the B.B.C. Act. That application has been allowed by the impugned order on the ground that the defendant has failed to establish sufficient cause to the satisfaction of the trial court in regard to delay in remitting the rent for the month of May 1998.