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Judgment
7 paragraphs · 220 wordsB.P. Jha, J.—This civil revision petition is against an order dated 19th April, 1985.
By the impugned order, the court rejected the leave application on the ground that it was not filed on 9.1.1985, the first day of appearance.
It is stated by learned Counsel for the Petitioner that the Petitioner filed leave application on 8.2.1985. On earlier date the Petitioner prayed for adjournment for filing the leave application.
The Court rejected the leave application filed u/s 14(4) of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter to be referred to as the Act) on the ground that as it was not filed on 9.1.1985.
In my opinion, the Court erred in holding so Section 14(4) of the Act does not provide that the Defendant-tenant is required to file petition on the date of his first appearance. He can file have application on subsequent date as well. In my opinion, the ground given by the Court below is not substantiated by Section 14(4) of the Act.
I therefore, direct the Court below to consider the leave application in accordant with law and dispose of the same after hearing both the parties.
The petition is allowed and the order dated 19th April, 1985, is set aside. The parties shall bear their own costs.