LAL BAHADUR Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings in a small causes court suit no. 37 of 1978 filed by the opposite parties Nos. 3 and 4 Shrimati Sudama Devi and Smt. Prabha Devi against the petitioner Lal Bahadur. The property in dispute is a portion of House No. 117/3, Khuldabad, Allahabad. The above mentioned suit was filed by the respondents Nos. 3 and 4 against the petitioner for ejectment and for recovery of arrears of rent and damages. During the pendency of the suit on 14th February, 1979 an application was made by the opposite parties Nos. 3 and 4 under Order 15 Rule 5 C.P.C. seeking an order of the court striking off the defence as according to the opposite parties Nos. 3 and 4 the petitioner had not complied with the requirement of Order 15 Rule 5 C. P. C. The application was allowed by the Judge Small Causes Court, Allahabad by his order dated 7-7-79. It was held by the court that the petitioner had not deposited the amount of rent as required by the provisions of Order 15 Rule 5 C. P. C. and as such the defence was struck off. Against the order dated 7-7-79 the petitioner filed a revision in the court of the District Judge, Allahabad. The revisional court agreed with the conclusion of the Judge Small Causes Court and dismissed the revision on 10th September, 1979. Aggrieved by the decision of the District Judge dated 10th September, 1979 the present petition has been filed in this Court.

(2.) I have heard the learned counsel for the parties.

(3.) ORDER 15 Rule 5 C. P. C. clearly provides that the tenant has to deposit the admitted rent on or before the first hearing of the suit along with interest thereon at the rate of 9 percent per annum. It further provides that for a subsequent period, namely, during the continuance of the suit the tenant is obliged to deposit rent regularly within a week from the date of its accrual whether the said amount according to him is admitted or not.