IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.789 of 2006 VINITA DEVI & ORS Versus SURAJ KUMAR & ANR ----------- 5 7.11.2008 Heard counsel for the defendant-tenant- petitioners as against the order under Section 15 of the B.B.C. Act. At the outset, counsel for the petitioners, having found himself an inescapable situation both on fact as also in law as with regard to the liability of payment of arrears and current rent during the pendency of a suit for eviction, had made an offer to this Court that his client, the petitioner, is now ready to pay the amount and this Court should therefore restore the same position as was existing on the date of the impugned order. The counsel for the petitioner in this context, has stated that since the petitioner had not complied the order for payment of arrears and current rent as directed in the impugned order, the court below has already struck off the defence of the petitioner against ejectment which in effect would amount to disposing of the suit without giving the petitioner an effective opportunity to contest the eviction suit. It is not in dispute that the eviction suit came to be filed in the year 2003 and the impugned order 2 directing payment of arrears and current rent was passed on 28.11.2005, fixing the time for payment of such amount within a period of one month only. The petitioner therefore, having not paid the amount from the month of May, 2003 and having deprived the plaintiff-landlord-opposite party, cannot be now allowed to escape the rigors of striking off the defence of ejectment as a consequence of not depositing the rent, arrear and current, in terms of Section 15 of the B.B.C. Act unless he compensates the loss sustained by the plaintiff-landlord. This Court, thus on considering the aforesaid offer of the counsel for the petitioner and the facts and circumstances of this case as also the hardship suffered for the plaintiff-landlord for all these periods of more than five years of going without payment of rent, would allow the prayer of the petitioner for deposit of rent both arrears and current but then he must pay a sum of Rs. 1000/- per month for the period May, 2003 onwards. In the event, the petitioner pays the entire arrears of rent at the rate of Rs. 1,000/- per month within a period of three months and also continues to pay the current rent at the rate of Rs. 400/- per month from December, 2008 onwards, the court below would recall the order of striking off the defence of the petitioner and allow the 3 petitioner to contest the suit on merit on all scores and grounds. It is, however, made clear that if the arrears of rent for the period May, 2003 to November, 2008 is not paid at the rate of 1,000/- per month within the time fixed as indicated above and/or the current rent is not paid from the month of December, 2008 at the rate of Rs. 400/- per month, the court below would continue with the hearing of the suit without taking into consideration the defence of the petitioner as against the ejectment in terms of Section 15 of the B.B.C. Act. This application is accordingly disposed of with the aforementioned observations and directions. Rsh (Mihir Kumar Jha, J.)