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1984 Supreme(Pat) 260

B.P.JHA
Ajit Kumar Sinha – Appellant
Versus
Anil Kumar Yadav – Respondent


Advocates appeared:
For the petitioner: Mr. Binod Kumar Roy;
For the opposite party :Messrs. R.B. Mahto (Additional Advocate general) and Harendra Prasad.

JUDGMENT

B.P. Jha, J.

This civil revision petition has been filed against an order dated 16th June 1984.

2. By the impugned order, the court below rejected that part of the written statement in which the defendant had contested the prayer of the plaintiffs for eviction of the defendant on the ground of personal necessity.

3. Where a suit is contested on the ground of personal necessity; a special procedure has been laid down in section 14 of the Bihar Buildings Lease, Rent and Eviction Control Act, 1982 (hereinafter referred to as ‘the Act’). It is also stated in section 13 of the Act, that the provision of section 14 will have overriding effect in respect of other portions of the Act, provided it is not inconsistent vide section 14 of the Act.

4. In the present case, leave was granted to the defendant on 21st November, 1983 under section 14(6) of the Act; in other words, leave was granted up to 6th December, 1983, for filing a written statement. On 6th December, the petitioner (defendant) applied for extension of time for filing the written statement under section 14(6) of the Act. on 6th December, 1983, the court extended the time for two days at the risk of the defendant. On 8th Dec








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