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Judgment
M.Y. Eqbal, J.—This application filed by the defendants-petitioners under Article 227 of the Constitution of India is directed against the order dated 30.8.2006 passed by the Subordinate Judge-Ill, Ranchi in Title Suit No. 10 of 2003 whereby the application filed by the petitioners to recall the order dated 3.6.2005 has been rejected.
The facts of the case lie in a narrow compass:
The plaintiff-respondent filed Title Suit No. 10 of 2003 for a decree of eviction of the defendants from the building premises. The defendants-petitioners contested the suit by filing written statement. On 4.3.2004, the plaintiff filed application u/s 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act (in short ''BBC Act'') for a direction to the defendants-petitioners to deposit the arrears of rent allegedly due for the month July, 2002 @ Rs. 5,000/- per month as also the current rent. The petitioners filed, rejoinder to the said petition and the Court below by order dated 5.7.2004 directed the petitioners to pay the rent of July and August, 2002 and also the arrears of rent from September, 2003 till the date of the order. The petitioners'' case is that since there was apparent error on the face of the order, a review application was filed which was registered as Misc. Case No. 32 of 2004. The Court below by order dated 28.2.2006 rejected the review petition holding that there was no ground for review of its earlier order. During pendency of the review petition, the plaintiff filed an application for striking off. the defence of the defendants-petitioners for non-compliance of the order dated 5.7.2004. The Court below by order dated 3.6.2005 ordered for striking off the defence of the defendants-petitioners. The petitioners, thereafter, filed an application for recall of the order by which the defence was struck off on the ground, inter alia, that they paid a sum of Rs. 50,000/- at the time of negotiation of the lease in the year 1985 and also on the ground that since the date of order, they have been depositing the current rent. The Court below after hearing the parties rejected the said application and refused to recall the order by which defence of the defendants was struck off.
I have heard Mr. R.S. Mazumdar, learned Counsel appearing for the petitioners and Mr. Indrajeet Sinha, learned Counsel appearing for the respondents.
As noticed above, application u/s 15 of the BBC Act was disposed of by order dated 5.7.2004. By the said order, the Court below directed the petitioners to pay the rent of July and August, 2002 and also all arrears of rent from the month of September, 2003 and further to pay the current rent. Since the order was not complied with, the Court below by order dated 3.6.2005 struck off the defence of the defendants as against ejectment. The review application filed by the petitioners was also rejected by order dated 28.2.2006. The defendants-petitioners thereafter filed an application for recall of the order dated 3.6.2005. The Court below rejected the said petition by passing the impugned order.
Admittedly, by order dated 5.7.2004 passed u/s 15 of the BBC Act, the petitioners were directed to deposit all arrears of rent for the period July and August, 2002 and also the entire arrears of rent from September, 2003 till the date of passing the order. But the petitioners even on the date when the application for recall of the order was filed, did not deposit the said arrears of rent. Not only that, till date, the petitioners have not complied the order dated 5.7.2004 by depositing the arrears of rent as directed by the Court below. In my view, therefore, the Court below rightly rejected the petition filed by the petitioners for recall of the order dated 3.6.2005.
For the reasons aforesaid, I do not find any merit in this application which is, accordingly, dismissed.