S.N. Jha, J. - This civil revision by defendant no. 1 is directed against order dated 27.5.97 passed by the Munsif Sadar, Motihari, in Eviction Suit No. 3 of 1997 rejecting his petition/affidavit seeking leave to contest the suit.

2. Section 14(4) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (in short, the Act) requires the tenant to obtain leave to contest the suit where the suit is brought for eviction on the ground of either personal necessity or expiry of the period of tenancy, specified in Clause (c) or (e) of sub-section(1) of Section 11 of the Act.

3. Mr. Rajendra Narayan, learned counsel for the petitioner, submitted that the suit has been brought not only on the ground of personal necessity but also on the grounds of causing material damage to the condition of the building and default, as specified in Clauses (b) and (d) of Section 11 (1) and, therefore, the same must be held to be a composite suit triable according to the general procedure for trial of suits and not according to the provisions of Section 14 of the Act. He referred to the averments made in paragraphs 12, 13 and 14 of the plaint. In any view, it was alternatively submitted, even