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1989 Supreme(Pat) 215

P.S.MISHRA, L.P.N.SHAHDEO
Ratan Lal Nai – Appellant
Versus
State Of Bihar – Respondent


Judgment

PRABHA SHANKAR MISHRA, J.

1. The petitioner in the civil revision as also in the writ application has questioned the validity of the order of the Additional Munsif, Patna City, by which his defence has been struck off for non-compliance of the order to deposit the arrears of rent and current rent of the premises allegedly occupied by him as a tenant and the validity of S.15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, to the extent it has empowered the Court to order for deposit of rent in arrears of the period prior to the institution of the suit besides the arrears after the institution of the suit and rent month by month at such rate as may be determined and also in that part where it has provided that as a consequence of the striking of the defence against ejectment the Court shall not allow the tenant to cross-examine the landlords witnesses. He has also questioned the validity of S.14 of the Act on the ground that the procedure prescribed therein with respect to the suits for eviction on the expiry of the period of lease or personal necessity is discriminatory and violative of Art.14 of the Constitution of India.

2. Respondent No. 3 in the writ

































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