CHANDRA BHAN SINGH Vs. XITH ADJ

JUDGEMENT

(1.) ORDER on Restoration Application No. 126180 of 2009

(2.) THIS is an application to recall the order dated 23rd March, 2009, whereby the writ petition was dismissed in default. Shri M.K. Nigam, learned counsel for the respondent has no objection for the restoration of the writ petition but he submits that the writ petition may be heard and disposed of finally as it was dismissed in default on earlier occasions also. Shri R.C. Singh, learned counsel for the petitioner has no objection if the writ petition is heard and disposed of simultaneously with the restoration application. Cause shown is sufficient.

(3.) THE trial court held that the defendant tenant is a defaulter and is not entitled to get the benefit of Section 20 sub-clause (4) of the Act, as the rent deposited under Section 30(1) of the Act was not valid. It decreed the suit for recovery of arrears of rent and damages and for ejectment by the judgment and decree dated 2nd August, 1997. The matter was carried in revision under Section 25 of the Provincial Small Cause Courts Act, 1887 being Revision No. 15 of 1997, which came up for consideration before the Additional District Judge, Gorakhpur, who has confirmed the judgment and decree of the trial court. Feeling aggrieved by the aforesaid two judgments, the present writ petition is at the instance of the defendant tenant.