Lalit Mohan Sharma, J.

1. While admitting these civil revision applications, a learned single Judge of this Court directed the case to be heard by a Division Bench on the ground of importance of the point involved. The question relates to the interpretation of Sec.14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982.

2. The petitioner in C.B 1406 of 1983, who is the owner of a building in Patna town, has filed a suit in the Court of the Subordinate Judge, 1st Court, Patna, for a decree for eviction against his tenant, defendant opposite party, on the grounds of personal necessity, default in payment of rent and breach of the terms of tenancy. After service of notice, the defendant appeared and prayed for time to file his written statement. The plaintiff objected on the ground that the defendant had failed to file an affidavit and obtain the leave of the Court to contest the suit, as contemplated by Sec.14 of the Act.

3. Sec.11 of the Act enumerates the grounds on which a decree for eviction of a tenant can be passed, which include bona fide requirement in Clause (c) and expiry of the period of tenancy in case of a lease for a specified period in Clause (e) Sec.14 prescribes special procedure for trial of a suit for eviction of a tenant on these two grounds. The object is to ensure expeditious disposal of the suit. Sub-sections (3) to (7) lay down the procedure in the following terms:

(3) (i) The Court shall, in addition to, and simultaneously with, the issue of summons for service on the tenant or tenants, also direct the summons to be served by registered post with acknowledgment due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case as require also direct the publication ; of the summons in the Official Gazette or in newspaper circulating in the locality, in which the tenant is last known to have resided or carried on business or personally worked for gain,

(ii) When an acknowledgment purporting to be signed by the tenant or his agent is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article, the Court may declare that there has been a valid service of summons.

(4) The tenant on whom summons is duly served (whether by ordinary mail or by registered post) shall not contest the prayer, for eviction from the premises unless be files an affidavit stating the ground on which he seeks to make such contest and obtains leave from the Court as hereinafter provided and in default of the appearance in pursuance of the summons or his obtaining such leave the statement made by the landlord in the suit for eviction shall be deemed to be admitted by the tenant and the landlord shall be entitled to an order for eviction on the ground aforesaid.

(5) The Court shall give to the tenant leave to contest the suit if the affidavit filed of the tenant discloses such facts as would disentitle the landlord from obtaining an order for eviction on the grounds specified in Sub-clauses (c) and (e) of Sub-section (1) of Sec.11.

(6) When leave is granted to the tenant to contest the suit, the latter may, within fifteen days from the date of the order, pray after filing the requisite Court-fee, required for a written statement that the affidavit may be treated as the written statement or if he chooses to file a separate written statement he may do so within fifteen days of the grant of leave to contest the suit and if he does not file the written statement within the period he shall not be allowed to do so later, The Court shall thereafter commence the hearing of the suit as early as practicable.

(7) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908) or any other law, the Court while hear