RAM PYARE Vs. KAMLA DEVI

JUDGEMENT

(1.) This is a revision under section 25 of Provincial Small Cause Courts Act against the judgment and decree dated 30th of September, 2011 passed by the Additional District Judge, Court No. 11, Kanpur Nagar, in SCC Suit No. 63 of 2005 whereby the suit for recovery of arrears of rent, taxes and ejectment of the applicant has been decreed. The applicant is a tenant whose tenancy was terminated by means of a notice on the ground that he is defaulter in payment of rent. The suit was filed for recovery of arrears of rent, damages and ejectment.

(2.) During the pendency of the suit, the defendant tenant failed to comply with the provisions of Order XV, Rule 5 C.P.C. as amended in the State of U.P. and therefore his defence was struck off by the order dated 18th of February, 2011. The said order was challenged by way of revision No. 165 of 2011 before this Court which was dismissed on 15th of April, 2011 and the delay in making the deposit was not condoned.

(3.) The learned Counsel for the applicant in support of the present revision submits that the suit was premature. Elaborating the argument, it was submitted that notice terminating the tenancy was given by two modes; one by registered post and the other by under postal certificate (U.P.C.). Notice by registered post was served on 29.7.2005. The notice sent under postal certificate according to the defendant tenant was served on 30.7.2005. Suit giving rise to the present revision was instituted on 29th of August, 2005.