SURESH CHANDRA GOEL Vs. JUDGE SCC ALLAHABAD

JUDGEMENT

(1.) The respondent No. 3 filed SCC. Suit No. 100 of 1994 against the petitioner for eviction and for recovery of arrears of rent. In the suit, the respondent No. 3 moved an application under Order XV, Rule 5, C.P.C. for strucking off the defence. The said application was allowed on 8.4.1999 by Judge. Small Cause Courts, Allahabad by order, Annexure-1 to the writ petition. Against that order, the petitioner preferred SCC, revision No. 506 of 1999. That has also been dismissed by order dated 9.8.2000 by Additional District Judge, Allahabad, by order Annexure-2 to the writ petition. Therefore, the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitulion of India.

(2.) I have heard Sri S. C. Kushwaha, learned counsel for the petitioner, Sri Vinod Sinha, learned counsel for the respondent No. 3 and the learned standing counsel.

(3.) In this case, it is admitted to the petitioner that he is the tenant in the premises in the suit, of which the respondent No. 3 is the landlord. It is also admitted that the rale of rent is Rs. 500 per month. It has also been admitted that the petitioner has not deposited any amount towards rent as required under Order XV, Rule 5, C.P.C.