MAHENDRA MOHAN DEY Vs. JYOTISH LAL SAHU

JUDGEMENT

(1.) THIS revision petition in terms of Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 has been filed by the defendant tenant against the Order dated 15.12.1997 passed by the learned Munsif, Ranchi, in Eviction Suit No. 26 of 1995 whereby the plaintiff - respondents' suit has been decreed ex parte with costs and the defendant -petitioners were directed to deliver the vacant possession of the suit premises to the plaintiffs within three months.

(2.) BRIEF facts giving rise to the filing of this Revision Petition are that the plaintiffs filed a suit for eviction of the defendants from the suit premises, which is a shop situated on the Main Road of Ranchi Town. The suit was filed in terms of Section 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act) on the ground that the plaintiffs reasonably and in good faith required the suit property for the use and occupation of their sons. Even though Section 11 of the Act provides for filing of the suit and passing of the decree of eviction on one or more of the grounds enumerated therein (the suit has been filed in terms of the grounds mentioned in Clause (c) of Sub -section (1), the procedure for the conduct and defence of such a suit has been provided in Section 14 of the Act. For the above purpose, Sub -section (4) of Section 14 of the Act is vitally important, inasmuch as it is under this sub -section that a tenant on whom the summons has been duly served is given the option of applying for leave to contest the suit by filing an affidavit in which the grounds for such contest are to be incorporated. Sub -section (4) of Section 14 of the Act clearly and unambiguously provides that if either the tenant -defendant does not appear in pursuance of the summons, or does riot obtain the leave for contesting the suit, statement made by the landlord on the plaint shall be deemed to be admitted by the tenant and thus the landlord would be entitled to an order of eviction on the grounds mentioned in the plaint, Sub -section (4) on Section 14 of the Act reads thus : - - '(4) The tenant on whom summons is duly served (whether by ordinary mail orby registered post) shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to make such contest and obtains leave from the Court as hereinafter provided; and in default of the appearances in pursuance of the summons or his obtaining such leave the statement made by the landlord in the suit for eviction shall be deemed to be admitted by the tenant and the landlord shall be entitled to an order 3 for eviction on the ground aforesaid.'

(3.) IT is under the aforesaid circumstances that this Civil Revision Petition has been filed by the defendant -petitioners against the order of eviction passed by the learned Court below.