ORDER This case was heard yesterday when the learned counsel for the petitioner made his submissions, but when no one appeared on behalf of the sole opposite party this case was adjourned for today to enable him to appear and place his case. But even today no one appears on behalf of the opposite party this case was adjourned for today no one appears on behalf of the opposite party. 2. I.A. No. 238 of 2005 has been filed for condonation of delay in filing of this civil revision, after considering which I am satisfied that sufficient grounds have been shown to condone the delay. Hence the delay is condoned and accordingly the interlocutory application is allowed. 3. The petitioner is defendant of Eviction Suit No. 03 of 1993, which was filed by the opposite party for eviction of the defendant-petitioner from the suit property and also for realisation of arrears of rent. 4. The petitioner is aggrieved by order dated 23.8.2004 passed in the aforesaid suit, by which the learned Munsif-II, Munger allowed the petition of the plaintiff-opposite party under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity) and directed the defendant-petitioner to deposit monthly rent at the rate of Rs. 100/- per month from 22.6.1999 till the date of the order and also to pay current rent at the• same rate in future. 5. From perusal of the materials on record, it is quite apparent that the learned court below has passed the aforesaid order without holding what was the last paid rent and further that up to what date the rent was paid by the defendant. It further appears that the impugned order has been passed merely on the assertion of the plaintiff without there being any material to support the same and without any enquiry held by that court in the said matter, although the defendant specifically denied to have ever paid any rent to the plaintiff asserting that there was no question of any last paid rent as there was no relationship of landlord and tenant between the parties. In the aforesaid circumstances it was incumbent upon the learned court below to direct the parties to produce materials in support of their respective claims, so that the court below may have arrived at a prima facie finding as to the requirements of Section 15 of the Act. 6. In the aforesaid circumstances, the impugned order of the learned court below is hereby set aside and the matter is remitted to the learned court below to decide the matter afresh in view of the above observations and also in accordance with the specific provisions of law in that regard. 7. This civil revision is, accordingly, allowed.