Loknath Prasad, J.

1. This revision is directed against the orde: dated 23.8.97 passed by Munsif, Chaibassa, in Eviction Suit No. 3/97 thereby and thereunder the leave as. prayed by the petitioner-defendant under Sec. 14(4) of the Bihar Buildings (Lease, Rent and Eviction) Control Act (in short, to be called as the Control Act) was rejected and it was ordered by the Learned Munsif that the Eviction suit will be heard in view of the provision of Sec. 14(4) of the Act and the tenant has no right to contest the claim of eviction.

2. The fact, in short, for the purpose of this revision is that the opposite party party filed the aforesaid Eviction suit in the Court below claiming himself to be the landlord and the suit premises is required for his personal need and necessity. The petitioner-defendant entered appearance on 2.5.97 and on three occasions or so simply filed petitions for adjournment for filling written statement and lastly on 16.6.97 prayed for leave supported with affidavit to contest the suit as required under Sec. 14/(4) of the said Act. This prayer was opposed by the learned opposite party mainly on the ground that the prayer was made at a belated stage and it w