IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.270 of 2008 LALO SAH Versus SHRIMANT KUMAR CHAUDHARY ----------- 03/ 06.05.2008 Heard learned counsel for the sole defendant-petitioner and learned counsel for the sole plaintiff-opposite party. This Civil Revision has been filed by the defendant- petitioner challenging order dated 15.01.2008 passed in Eviction Suit No. 06 of 2005 by learned Munsif, Dalsingsarai (Samastipur) striking off the defence of the defendant-petitioner as he did not comply order dated 25.09.2007 passed by the learned court below under the provision of section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, ( hereinafter referred to as `the Act’ for sake of brevity ), by which he was directed to pay Rs.10,450.00 as arrears of rent and also to pay future rent at the rate of Rs.550.00 per month. The aforesaid suit was filed by the plaintiff-opposite party for eviction of the defendant-petitioner on the ground of his default in payment of rent. The defendant appeared in the suit and filed a written statement admitting the relationship of landlord and tenant between the parties and contesting the plaintiff’s claim of default. It further transpires that during the pendency of the suit a petition under section 15 of the Act was filed by the plaintiff, which was allowed by the learned court below by order dated 25.09.2007, but the said order having not been complied, the learned court below passed the impugned order dated 15.01.2008 striking off the defence. This order - 2 - has been challenged by the defendant-petitioner in the instant Civil Revision. When this Civil Revision came before this court on 18.03.2008, notice was directed to be issued to the plaintiff-opposite party and during the pendency of I.A. No. 1491 of 2008, further proceeding of the suit was directed to be stayed. However, the said order was made subject to deposit of Rs.10,450.00 as per the order of the learned court below dated 25.09.2007. and also to deposit Rs.3,300.00 for rent up to March, 2008 by the petitioner in the court below on or before 2nd of April, 2008. Learned counsel for the petitioner files a challan showing that the said total amount of Rs.13,750.00 had been deposited in the court below on 02.04.2008 as per the order of this Hon’ble Court. Considering the facts and circumstances of the case, it becomes quite apparent that there were some genuine grounds due to which the order passed by the learned court below dated 25.09.2007 under section 15 of the Act could not be complied, but subsequently on the orders of this Court entire amount has been paid. Accordingly, the impugned order of the learned court below dated 15.01.2008 is hereby set aside and this Civil Revision is allowed subject to payment of cost of Rs.1000.00(Rupees one thousand only) by the defendant to the plaintiff in the court below within one month from today. Learned court below is directed to allow the defendant to contest the suit but since the suit is more than three years old, its hearing should be expedited without giving undue adjournment to the parties. - 3 - Furthermore, this order will also be subject to payment of current and future rent regularly at the rate of Rs.550.00 per month by the 15th of each succeeding month. MPS/ ( S. N. Hussain, J. )