IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.360 of 2006 MD.RAIS @ MD.RASISH, Son of Late Md. Anis, Reident of mohalla Atardah, P.S. Sadar, P.O.Ramna, District Muzaffarpur …… Petitioner / Defendant Versus 1. SURAJ KUMAR 2. Shakti Vishal Both sons of Hari Shanker Pd. Sinha, residents of Mohalla Baisakhi Ram Lane, P.S. Town, District Muzaffapur … Opposite Parties / Plaintiffs For the petitioner: Mr. Shyam Sunder Pandey, Advocate For the O.Ps. : Mr. Manoj Kumar Manoj, Advocate. ------- 5 12.11.2009 Heard learned counsel for the defendant – tenant – petitioner and plaintiffs – landlords – opposite parties. It is submitted on behalf of the petitioner that in another identical case, where the opposite parties are same but the tenants were different, wherein an identical order was passed by the Court below for the payment of arrears of rent as well as current rent and subsequently during the pendency of this suit defence of the petitioner was struck of on non payment of the rent, a Bench of this Court has passed the order dated 7.11.2008. Learned counsel for the Opp. Parties produced a certified copy of the order dated 7.11.2008. Let it be kept on record. - 2 - Learned counsel for the petitioner submits that by that order the date of payment for the dues was extended and after payment of the arrears as well as current rent, the court below was directed to recall the order of striking of the defence of the petitioner and allow the petitioner to contest the suit on merit on all scores and grounds. It is submitted that Rs. 400/- per month rent was required to be paid in the present case from May 2003 to October 2005 and thereafter current rent was also to be paid @ Rs. 400/- per month as per the impugned order. The petitioner has filed certified copy of the entire ordersheets of the concerned suit and it is manifest therefrom that by order dated 7.8.2006 the defence against the ejectment has been struck of due to noncompliance of the direction given in the impugned order dated 28.11.2005. Learned counsel for opposite parties also admits the aforesaid facts and raises no objection if this civil revision is disposed of in terms of the order dated 7.11.2008 passed in C.R. No. 789 of 2006. Thus, this order is being passed in terms of order dated 7.11.2008 passed in C.R. No. 789 of 2006 with the consent of the parties. The petitioner shall pay and deposit - 3 - rent with regard to arrears from May 2003 onwards till the date of payment @ Rs. 1000/- per month in place of Rs. 400/- per month and, thereafter, to pay current rent @ of Rs. 400/- per month. In the event the petitioner pays the entire arrears of rent @ Rs. 1000/- per month within the period of three months from today, the Court below would recall the order of striking of the defence of the petitioner and allow the petitioner to contest the suit on merit on all scores and grounds. However, it is made clear that if the aforesaid arrears of rent is not paid within the time fixed or after recall of the order striking defence, the petitioner fails to pay current rent as indicated above, then the Court below would continue to hear the suit without taking into consideration the defence of the petitioner as against the ejectment in terms of Section 15 of the Bihar Buildings (Lease, Rents and Eviction) Control Act. This order shall be subject to further payment of cost of Rs. ten thousand in favour of opposite parties within the aforesaid three months. Learned counsel for the opposite parties also agrees to the aforesaid terms. - 4 - Accordingly, this revision stands disposed of in accordance with aforesaid terms, observations, and directions with the consent of the parties. Spd/- (Dr. Ravi Ranjan, J.) -----------