NARENDRA NATH TIWARI, J. - (1.) THIS appeal is against the judgment and decree passed by learned Additional District Judge, F.T.C. No. 1, Dhanbad in Title Appeal No. 20/03 dismissing the appeal of the appellant and upholding and affirming the judgment and decree of learned Munsif, 1st Class, Dhanbad in Title (Eviction) Suit No. 87/2001. The appellant was the defendant in the said title suit.
(2.) THE plaintiffs had filed suit for eviction of the defendant from the suit premises on the ground of default in payment of rent, personal necessity and for damaging the suit premises. The defendant appeared, but did not file written statement within the statutory period. The suit thereafter, proceeded for hearing. During the pendency of the trial, an application was filed by the landlord under Section 15 of the Bihar (Jharkhand) Buildings (Lease, Rent & Eviction) Control Act. Learned Court below passed the order for depositing the arrears of tent as well as the current rent within the stipulated period of 15 days.
(3.) THE defendant -tenant did not deposit the arrears / current rent. Consequently, when the trial was proceeded, he was not allowed to cross -examine the plaintiff -witnesses on the ground of ejectment;