(1.) Heard Sri Dhruva Narayana, learned counsel for the petitioner.
(2.) The petitioner own shop in dispute situated at Village Arifpur Nawada, District Budaun, which is in tenancy of respondent Kasim Ali Khan. Small Cause Suit No.4 of 1996 was instituted by petitioner seeking ejectment of respondent-tenant on the ground of default in payment of rent. The tenant claimed to have deposited arrears of rent etc. in purported compliance of Sec. 20(4) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") where after petitioner submitted an application under Order 15, Rule 5 (2) C.P.C. requesting that tenant having not complied with Order 15, Rule 5 (2) C.P.C., his defence should be struck off.
(3.) It was contested by tenant stating that he is regularly depositing rent and in fact depositing the same in advance hence application should be rejected.