SUNIL PRASAD v. ASHWANI KUMAR GUPTA

Heard learned counsel for the petitioner as well as the sole opposite party. By filing this application, the petitioner seeks modification of order dated 19.02.2009 for depositing the arrears of the rent as well as the current rent. Earlier C.R. No. 280 of 2009 was filed against the order dated 17.01.2009 passed by the Munsif II, Munger in Eviction Suit No. 2 of 2008, whereby a petition filed on behalf of the plaintiff under section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 was allowed and the defendant was required to pay the arrears as well as the current rent. The aforesaid civil revision application was dismissed as withdrawn. However, the period for depositing the rent, i.e. the arrear as well as the current both, fixed by the court below was extended till 15th of March, 2009 and the defendant- petitioner was required to deposit on 15th of every next 2 month, as per the direction of this Court. It is submitted on behalf of the petitioner that the aforesaid order of this Court could not be communicated by the learned counsel to him, thus, the rent could not be deposited in time. A petition was filed by the defendant-petitioner for depositing the rent after expiry of the aforesaid time before the court below, however, the same was dismissed on account of the fact that the time period was fixed by this Court as 15th of March, 2009. Learned counsel the opposite party submitted that there had been laches on the part of the petitioner and even after withdrawing the case he could not deposit the arrears of rent in time. Having heard the parties and considered the submission, the time period for depositing the arrears of rent is extended up to 27th of October, 2009. However, it is made clear that it will include the rent till October 2009 and further, the defendant-petitioner will be required to deposit the current rent on 15th day of every next month, as per the direction of the court below, failing which, the aforesaid liberty will stand revoked. 3 This order will be subject to payment of cost of Rs. 2000/-)two thousand) to the opposite party within the aforesaid period. If the defendant-petitioner deposits the requisite amount of cost of fax by tomorrow, this order will be communicated to the court concerned through the fax. SC ( Dr. Ravi Ranjan, J.)