AWADHESH MISHRA Vs. LAKHAN SAG
LAWS(SC)-1990-8-49
SUPREME COURT OF INDIA
Decided on August 10,1990

AWADHESH MISHRA Appellant
VERSUS
LAKHAN SAG Respondents

JUDGEMENT

- (1.)- This appeal arises out of an order of interlocutory nature passed by the trial Court in a pending suit filed by the landlord, respondent No. 1, for the eviction of the appellant. On an application under S. 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Ordinance, 1982, the appellant was, by an order dated 6-1-1983, directed to deposit the arrears of rent, and in compliance thereof the necessary amount was deposited through a Challan within the time available under the law. On 22-1-1983 an application was filed by the appellant for permission to correct certain errors in the Challan under which the deposit had been made which was rejected by the trial Court. The order was maintained by the High Court and hence the present appeal.
(2.)On the finding of the Courts below that the. deposit cannot be treated to have been made in proper compliance of the. Court's direction, the defence of the appellant is liable to be struck off. It, therefore, becomes necessary to examine as to whether the irregularities in the Challan are vital so as to ignore the deposit and to hold that there has been a failure of compliance of the direction of the Court.
(3.)We have heard the learned counsel for the parties and examined the Challan and the other relevant documents and in our view the irregularities pointed out were fit to be permitted to be rectified. Besides, it has to be appreciated that a prayer for rectification was made within a fortnight of the date on which the order under S. 15 of the Ordinance had been passed.
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