JESMINE TIRU Vs. RAM AWADHESH SINGH

JUDGEMENT

(1.) THE plaintiffs filed Eviction Suit No. 6 of 1996 purporting to be under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control, Act, 1982, (hereinafter referred to as 'the Act') against the defendant for eviction from the suit premises, detailed in Schedule 'A' to the plaint. The suit proceeded ex parte and was decreed on 11-9-1997.

(2.) THE defendant thereafter on 23-2-1998 filed Misc. Case No. 3 of 1998 under Order 9 Rule 13 of the Code of Civil Procedure which was allowed on 4-6-1999 and the ex parte decree dated 11-9-1977 was set aside. On 23-6-1999 the defendant filed petition stating that in the plaint besides the claim of personal necessity, the plaintiffs have also made averments regarding the defendant's default in payment of rent and damages to the suit premises and thereby commission of breach of tenancy and have also claimed arrears of rent and, therefore, the suit under Section 14 was not maintainable.

(3.) ON 9-9-1999 defendant filed affidavit and separate petition under Section 14(4) of the Act and the trial Court by order dated 28-9-1999 granted leave to the defendant to contest the suit.