DHARMENDRA ALIAS SEEPU Vs. BHOLA NATH

JUDGEMENT

(1.) HEARD Sri S.K. Mishra, learned counsel for the revisionist and Sri Yogendra Kumar Srivastava, learned counsel appearing on behalf of the respondents.

(2.) THE present revision is against the order dated 3.3.2011 passed by the 1st Additional District Judge, Court No. 1, Kannauj in SCC Suit No. 1 of 2010, Bhola Nath and others Vs. Smt. Rani Devi and others. By the aforesaid order, the court below has decreed the suit on the ground of default in making the payment of rent and directed the revisionist to evict the shop in dispute and pay the entire decreetal amount.

(3.) IN Form E, which is at page 93 of the revision, the revisionist has specifically stated about the deposit of the money under Section 30 of the Act and paragraph-18 of the written statement also it is stated that in a Misc. Case No. 4/70/10, Dharmendra Kumar Agnihotri Vs. Kailash Nath and others, a sum of Rs.1800/- has been deposited towards rent for the period April, 2007 to 31st of March, 2010. The said amount has not been considered by the court below. If the amount of Rs.1800/- is to be taken into account, there was no default.