SWAMI NATH Vs. AJAY KUMAR AND ANOTHER

JUDGEMENT

(1.) The respondents have been served by registered post as well as by Dasti notice. Service on the respondents has been deemed sufficient vide order dated 26.5.2010. In the circumstances, the case is taken up for admission. Heard Counsel for the petitioner and perused the record.

(2.) The petitioner filed S.C.C. Suit No. 118 of 1999 against the respondents for ejectment and arrears of rent for the period 1.8.1999 to 30.9.1999 in respect of two shops. The respondent-tenant contested the suit and filed their written statement, to which replication was filed by the petitioner. As the respondent-tenant did not deposit any rent nor complied with provisions of Order XV, Rule 5, C.P.C., their defence was struck off. The order striking off defence was also confirmed by the revisional Court.

(3.) Judge, Small Cause Court, Varanasi decreed the suit vide judgment and decree dated 11.10.2007 directing the respondent-tenant to vacate the shops in question within 30 days, hand-over peaceful possession to the plaintiff and pay arrears of rent etc. till the date of handing over possession of the shops in dispute.