CHHEDI RAM D Vs. OM PRAKASH SRIVASTAVA

JUDGEMENT

(1.) This is a revision under Section 25 of the Small Causes Courts Act against the order dated 9.5.1995 passed by the IIIrd Additional District Judge, Bahraich, allowing the application of the plaintiff for striking off defence in S.C.C. Suit No. 7 of 1988,

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

(3.) The plaintiff filed a suit for eviction after determination of the lease of the defendant and for recovery of arrears of rent and damages with the allegations that there was an agreement between the parties and the defendant had paid Rs. 3,000 as an advance and the shop in question was let out at the rate of 300 per month for a period of five years. The advance amount was to be adjusted in the rent at the rate of Rs. 50 per month and Rs. 250 per month was to be paid every month as rent. The defendant had adjusted the advance amount during the period from 1.8.1980 to 1.8.1985 but the shop was not vacated. According to the agreement again an agreement was entered between the parties for a period of five years from 1.8.1985. At this time Rs. 15,000 was taken as an advance of rent. The rent was paid upto 15.8.1986 and the defendant did not pay rent from 16.8.1986 to 6.11.1987. The defendant denied the agreement and contended that the rent was Rs. 300 per month but it was agreed that the defendant will pay Rs. 250 per month and he will adjust Rs. 15,000 given as an advance at the rate of Rs. 100 per month after deducting it from the monthly amount due. The defendant contended that from 1.4.1987 onwards the rent due was at the rate of Rs. 250 per month and he had remitted this rent at the rate of Rs. 250 per month through the money order, which was refused by the plaintiff.