IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1501 of 2006 DR.DHIRENDRA PD.SINGH Versus DR.PARWAZ AKHTAR ----------- 2 04.12.2008 Heard counsel for the petitioner and counsel for the opposite party. Counsel for the petitioner would submit that though there was default in making payment of arrears and current rent as directed by the Court below in its order dated 4.12.2004 but then as the petitioner had already paid the same on 11.7.2006, the Court below ought to have recalled the order dated 14.11.2005 striking the defence. Counsel for the landlord-opposite party would submit that there is nothing for the Court to decide once the order directing payment of arrears of rent in terms of Section 15 has not been deposited because the statute in B.B.C. Act lays down the restriction that in the event of such non-payment the defence of the tenant would automatically stuck off. This Court considering that there was a deliberate delay in complying the order of the Court below dated 4.12.2004 by virtue of which the opposite party-landlord remained deprived of the amount of rent for a period of more than one and half year, would direct the petitioner to pay an additional sum of Rs. 500/- per month from the date i.e. 9.2.2005 by way of rent which will be an additional amount beyond a sum of Rs. 1000/- as originally directed in the order dated 4.12.2006. The petitioner would keep on depositing this amount of Rs. 500/- from the month of February, 2005 till the date of disposal of - 2 - this case with the amount that he has been directed to pay by the Court below by its order dated 19.12.2006. The prayer of additional amount of Rs. 500/- must be paid by the petitioner for the period of February, 2005 to December, 2008 within a period of two months from the date of receipt/production of a copy of this order and in the event this additional amount is not deposited the defence of the petitioner against ejectment shall stand struck off. The petitioner from the month of January, 2009 instead of depositing Rs. 1000/- will be depositing Rs. 1500/- in compliance of the order of the Court below dated 19.12.2005. With the aforementioned observations and directions the impugned order is set aside and the Court below is directed to ensure that in the event of non-compliance of the present order of this Court, the defence of the petitioners against ejectment shall stand struck off. Accordingly, this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)