S ABEL Vs. DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition is directed against a judgment of the District Judge, Allahabad dated January 24, 1979 rejecting a revision of the defendant-petitioner (hereinafter referred to as the defendant) filed under Section 25 of the Provincial Small Cause Courts Act.

(2.) The facts briefly stated are these. Smt. Kamla Kumari Jaiswal was the owner and landlord of bungalow No. 3, Cassels Road, Allahabad of which the petitioner was a tenant. The house had been let out to the petitioner on a monthly rent of Rs. 40/-. A notice dated October 5, 1976 was served on the defendant making a demand of rent from her. Thereafter on November 8, 1976 respondent No. 3 sought eviction of the defendant from the suit premises on two grounds, (i) failure to pay arrears of rent despite service of notice of demand and, (ii) illegal subletting of a part of premises to Sri M. M. Haroo, respondent No. 4.

(3.) After service of the notice of the suit, a written statement was filed by the petitioner denying the allegations on which the suit had been filed against her. According to her she had not sublet the premises in dispute to respondent No. 4 and that he had been allowed to stay as a care-taker for some time during the defendant's absence, when she had left for England for her own treatment. The defendant's defence as regards the amount due to respondent No. 3 by way of rent as narrated in para 4 of her written statement dated September 28, 1977 was that the rent was in deposit in the Court of Munsif West, Allahabad and as such no rent was due to respondent No. 3. Paragraph 4 of the written statement is reproduced below:-