- (1.) HEARD .
(2.) THIS writ application at the instance of the defendant -petitioner has been directed against the order of the Court below by which, the prayer for extension of time to deposit the arrears of rent has been rejected. It appears that on 13.3.2002, the Court below directed the petitioner to deposit the arrears of rent as contemplated under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act. Although there is some delay but the petitioner deposited the entire arrears on 11.5.2002 and also filed application for extension of time. The Court below passed the impugned order rejecting the prayer of the petitioner for extension of time to deposit the arrears of rent under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act.
(3.) IT is well settled that the provisions of Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act is directory and not mandatory. If sufficient cause is shown by the defendant -tenant then Court may extend the time and accept the deposit of rent by condoning the delay. S. In the instant case, the Court below has not liberally construed the provisions of the Act as a result of which, the petitioner has been deprived of his legal right to contest the case. 6. In the aforesaid facts and circumstances of the case, I am of the view that the order cannot be sustained. 7. In the result, this writ application is allowed. The impugned order is hereby set aside subject to payment of cost of Rs.750/ - (Rupees Seven Hundred Fifty only) to the counsel appearing for the respondent within a period of two weeks.;