SHEIKH CHHOTEY MANSOORI Vs. RAVIKUL BANSAL AND ORS.

JUDGEMENT

(1.) BY means of the present writ petition, the Petitioner is challenging the order dated 15.12.2010 in S.C.C. Revision No. 50 of 2009 by which the revision filed by the Petitioner against the order of the Civil Judge (Senior Division), Banda in S.C.C. Suit No. 3 of 2001 has been rejected.

(2.) THE Petitioner is Defendant in the suit. The Respondent has filed a suit for eviction and arrears of rent. The Petitioner has also filed the written statement. The Respondent moved an application for striking off the defence under Order XV Rule 5 of Code of Civil Procedure on the ground that the Petitioner has not deposited the rent. No objection has been filed by the Petitioner. The Civil Judge (Senior Division), Banda vide its order dated 6.10.2009 has struck off the defence of the Petitioner on the ground that the rent has not been deposited.

(3.) LEARNED Counsel for the Petitioner submitted that in the written statement the Petitioner denied that he was tenant. It was stated that the land was of the Nagar Palika and a portion has been given to the Petitioner. Therefore, he submitted that in the written statement itself the Petitioner denied the relationship of the landlord and the tenant.