SANTOSH PRASAD Vs. NARBADESHWAR PRASAD SINGH

JUDGEMENT

(1.) THIS writ application has been filed for quashing the order dated 03.12.2012 passed by Sub Judge -1, Palamau at Daltonganj in Eviction Case No. 01 of 2009 whereby and whereunder the defence of petitioners has been struck off and his application for filing the additional written statement was also dismissed. By the same order, the learned court below had allowed the plaintiffs' application for withdrawal of the amount which the petitioners have deposited.

(2.) IT appears that the learned court below has passed an order under section 15 of the Bihar Building ( Lease, Rent & Eviction) Control Act, (hereinafter referred as BBC Act) and directed the petitioners to deposit Rs. 1,02,000/ - at a time towards the arrear of rent. The petitioner was further directed to deposit current rent @ Rs. 3000/ - per month and also directed to pay future rent @ Rs. 3000/ - on 15th of each month.

(3.) SRI Manjul Prasad, appearing for the petitioners submits that petitioner properly explained the delay as to why the amount not deposited within the time stipulated. He submits that just after passing of the impugned order, petitioners had gone for the treatment of his ailing mother. Thereafter he went to his native village and remain there because of flood in different rivers. He further submits that thereafter the petitioners has filed writ application in this court against the order dated 23.07.2010 which was ultimately withdrawn on 19.11.2011. Thereafter in compliance of order of the court below dated 09.04.2012, petitioners deposited part of the amount on 27.04.2012, 15.05.2012 and on 23.06.2012. Accordingly, Sri Prasad submits that petitioners have given proper explanation for delay in depositing the amount. Thus, he submits that the judgment of this Court reported in 2004(3)JLJR 300 and 1992(2) PLJR 778 has no application in this case.