ANANDA RTAMBHARA Vs. BHAIYA RAMESH CHANDRA PRASAD

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent.

(2.) A suit for eviction being Eviction Suit No.22 of 2011 was filed by the plaintiff-respondent on the ground of personal necessity. Summon was issued to the defendant which was received by him. After expiry of 80th day from the date of receiving summon, the petitioner-defendant appeared in the suit and filed written statement. Since leave as contemplated under sub-section (4) of Sec. 14 of the Jharkhand Building (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act') was not taken, the court vide its order dated 20.12.2011 refused to accept the written statement. Subsequently, an application was filed for recalling the said order dated 20.12.2011 and also for granting leave to file written statement. That application was rejected on 10.1.2012.

(3.) Being aggrieved with that order, this application has been filed.