RISHIKESH Vs. SALMA BEGUM

JUDGEMENT

(1.) Leave granted in SLP Nos. 3554, 5453, 6054, 2815/79, 3182/ 87, 4150/92, 12520/86 and 5791/95).

(2.) These appeals by Certificate under Article 133 arise from the judgment of the Full Bench of Allahabad High Court in Suit. Chandra Rani vs. Vikram Singh, 1979 Allahabad Law Journal 401. The respondents laid the suits in the Courts of Small Causes for recovery of arrears of rent or for rent and possession from the appellants. On their committing default in payment of rent in pending suit, their defence was struck off under Order 15 Rule 5 of CPC as amended by U. P. Civil Laws (Reforms and Amendment) Act. 1976, U. P. Civil Laws (Amendment) Act 37/1972 and U. P. Civil Laws (Amendment) Presidents Act 19/73. They challenged the vires of Order 15, Rule 5. On reference, the Full Bench held that it is not, inconsistent with the CPC Central (Amedment) Act 104/76 (for short, the Central Act) and is not void under Article 254(1) of the Constitution.

(3.) By U. P. Act 37/72, S. 4 of the Provincial Small Causes Court Act was amended empowering the Court of Small Causes to decree suit for possession of immovable property and for recovery of arrears of rent or interest in such property. By U. P. Act 37/72, brought on statute. Rule 5 of Order 15, stating thus :-