JAWAHAR LAL VERMA Vs. RAM CHANDRA

JUDGEMENT

(1.) This is a defendant's application in revision under Section 115 of the Code of Civil Procedure. It it directed against an order passed by the learned II Additional District Judge dated 29-7-1980 striking out the defence of the applicant in a suit purporting to act under Order XV, Rule 5 of the Civil P. C.

(2.) The defendant-applicant is a tenant of an accommodation, of which the plaintiff opposite-party, is the landlord. The plaintiff-opposite-party filed a Suit No. 126 of 1979 for the ejectment of the defendant-applicant as well as for recovery of certain arrears of rent and damages for use and occupation. The defendant applicant filed a written statement. He admitted the relationship of landlord and tenant between the plaintiff and him, but denied the rate of rent. He also disputed the allegation of the plaintiff-opposite party that the defendant was in arrears of rent.

(3.) It appears that the first date of hearing in the suit was 25-10-1979. The defendant-applicant deposited the entire arrears of rent admitted to be due from him along with other sums which were required to be deposited after getting the tender passed by the Court for that purpose on 25-10-1979. The court below has found that he made the deposit within three days of the passing of the tender. The defendant appears to have made some default in regard to payment of the monthly rents contemplated under Order XV Rule 5 of the Civil P. C. Consequently an application was filed by the Plaintiff under Order XV Rule 5, C. P. C. with a prayer that the defence of the applicant be struck off.