ARATI GHOSE Vs. BANWARI LAL JALAN

JUDGEMENT

(1.) THIS revision application under Section 14(8) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982, has been filed against the judgment and decree dated 30.9.19985 passed by 1st Add. Subordinate Judge, Deoghar in Title Suit No. 87 of 1983. By the said judgment, a decree for eviction has been passed under Section 11 (1) (e) of the said Act of 1982 and the defendants -petitioners were directed to vacate the suit premises.

(2.) THE Office has pointed out that the civil revision application is barred by limitation, inasmuch as it has been filed after expiry of 20 years from the date of decree of eviction passed by the Subordinate Judge.

(3.) THE case has a chequered history. The plaintiff -respondents filed the aforementioned Title Suit No. 87 of 1983 for a decree of eviction of the defendants -petitioners from the suit premises on the ground of expiry of period of lease and also on the ground of personal necessity. The plaintiff's case was that the building premises was let out to the defendants for a fixed period of 11 years commencing from 1st September, 1971 to 31st August, 1982 by means of a registered deed of lease dated 17.9.1971 on a monthly rent of Rs. 55/ -. After the expiry of the lease, notice for eviction was given and the suit was filed. The defendants contested the suit by filing written statement and the defence taken was that even after expiry of period of lease, rent was regularly remitted which was refused by the plaintiff. The defendants' further case was that the plaintiff was requested to extend the period of lease.