NATTHA SINGH AND ORS. Vs. RAJ KUMAR

JUDGEMENT

(1.) Since the subject matter of the aforesaid Civil Revisions is similar, therefore, all are being decided together by this common judgment for the sake of brevity and convenience.

(2.) All the aforesaid Civil Revisions no.60/2015, 61/2015 62/2015 & 63/2015 have been filed against the common judgment and order dated 08.05.2015 passed by the Judge, Small Causes Court / Additional District Judge, Khatima, District Udham Singh Nagar in SCC case Nos.2/2012, 11/2011, 13/2011 & 12/2011 respectively.

(3.) Heard learned counsel for the parties and perused the impugned judgment and order dated 08.054.2015 whereby the application under Order 15 Rule 5 C.P.C. filed on behalf of the plaintiff (respondent herein) was allowed by striking-off the defence of the defendants (revisionists herein). Admittedly, the rent is not being deposited by the defendants-tenants before the Judge, Small Causes Court, but the same is being deposited under Section 30 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act no.13 of 1972). The question for consideration of this Court is whether the deposition of rent under Section 30 of Act no.13 of 1972 can be considered while deciding an application under Order 15 Rule 5 CPC or not?