IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2145 of 2006 B.S.S.R.UNION REST HOUSE Versus SHRI PRADEEP KARMKAR & ORS ----------- 4/ 20.05.2009 Heard counsel for the parties. This revision petition has been filed by the petitioner who is tenants of a premise in respect of which Eviction Suit no. 2 of 2004 has been brought by the opposite parties. There was an order by the court to pay the arrears of rent as also monthly rent which was passed on 14.11.2006. As per that order, the arrears of rent was to be paid by September, 2006 and the monthly rent was to be paid by 15th of every month thereafter. What happened was that the petitioner did not comply with the order of the court on payment of rent as indicated above and filed a petition on 31st October, 2006 praying to the court to accept the rent which they had deposited by challan. It is contended that the challan was annexed to the petition dated 31.10.2006. The court refused to accept the prayer and permit the rental to be deposited and went further to strike out the defence of the petitioner. In my considered view, the court was a bit harsh on implementation of its order dated 31.8.2006. If the petition was filed with a copy of the challan indicating the intention of the petitioner to deposit the arrears of rent as also the monthly rent, even a bit after the time frame fixed by the court below, the court below ought to have allowed the prayer for depositing the rent. Striking the defence in that behalf may not be legally permissible but that again was harsh upon - 2 - the petitioner who was a tenant since long. In the above light, order dated 14.11.2006 is hereby set aside with a direction to the court below to permit the petitioners to deposit the arrears of rent within thirty days of the receipt/production of a copy of this order. Thereafter the order of the court below on payment of monthly rent shall be followed by the petitioner. Stay order dated 16.1.2007 stands vacated. The trial court is directed to expedite the hearing of the suit and conclude the same within six months time from the date of receipt/production of a copy of the present order. The Civil Revision petition stands disposed of with the aforementioned observation/direction. Anil/ (Dharnidhar Jha, J.)