S. Ali Ahmad, J.-The plaintiffs opposite parties filed a suit giving rise to this application for eviction of the defendant petitioner. The petitioner appeared on 21.8.1990 and filed his written statement denying the relationship of land-lord and tenant and also denying the assertions of the plaintiffs opposite party that they required suit premises for their personal necessity. Section 14 (4) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, enjoins upon the defendant to file an affidavit stating the grounds on which he proposes to contest the claim of the plaintiff. In case the court is satisfied that a triable case, is made out in the affidavit the leave is to be granted. Thereafter the petitioner can file written statement. Since the petitioner had filed the written statement without taking leave of the Court, therefore, the plaintiff-opposite party filed an application on 28.8.1990 stating that no leave has been granted to the petitioner to contest the case and as such the suit may be disposed of as if the defendant is not contesting the claim An affidavit was filed on the same day on behalf of the petitioner stating, inta alia, that there was no relat