SAROJ TRIPATHI Vs. GURU PRASAD

JUDGEMENT

(1.) The tenants have filed this petition for quashing the order dated 20th July, 2010 passed by the Court of Small Causes by which the defence of the tenant was struck off under Order XV, Rule 5 of the Code of Civil Procedure. The tenants have also sought the quashing of the judgment dated 23rd September, 2011 passed by the Revisional Court by which the Revision filed by the tenants for setting aside the aforesaid order was dismissed. The Courts below have recorded a finding of fact that on the first day of hearing, the tenants did not deposit the arrears of rent and, therefore, the defence has been struck off under Order XV, Rule 5 of the Code of Civil Procedure.

(2.) It is submitted by the learned Counsel for the petitioner that the rent was deposited under section 30(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') and, therefore, it cannot be said that the petitioner was in arrears of rent on the first day of the hearing.

(3.) It is not in dispute that on the first date of hearing the tenant did not deposit the entire amount admitted by him to be due together with the interest in the Court of Small Causes.