SUNAHARI LAL Vs. PREMWATI

JUDGEMENT

(1.) I have heard Sri Rahul Sahai for the revisionist and Sri Swapnil Kumar for the plaintiff-respondent.

(2.) The instant revision has been filed under Section 25 of the Provincial Small Causes Court Act against the order dated 09.09.2013 passed by the Special Judge (SC/ST) Act, Etah in S.C.C. Suit No. 06 of 2007 by which the defense of the defendant-revisionist has been struck off under Order XV Rule 5 of the Code of Civil Procedure, as applicable in the State of Uttar Pradesh.

(3.) The brief facts of the case are that the plaintiff-respondent instituted S.C.C. Suit No. 06 of 2007 against the defendant-revisionist for possession of the accommodation in suit after eviction of the defendant-revisionist as also for arrears of rent. On 14.10.2007, the defendant-revisionist put in appearance in the suit. Neither the admitted dues nor the monthly admitted rent was deposited before the Court where the S.C.C. Suit No. 06 of 2007 was pending. Accordingly, the plaintiff-respondent applied for striking off the defense, under Order XV Rule 5 CPC. The defendant-revisionist contested the application on ground that he had been depositing the rent under Section 30 (1) of the U.P. Act No. 13 of 1972 in Misc. Case No. 13 of 2003 where the rent from December, 2002 up to May, 2011 has been deposited, accordingly, the defense ought not to be struck off.