LALA RAM Vs. ARJUN DAS AND ORS.

JUDGEMENT

(1.) THIS is a plaintiff's revision directed against the judgment and decree dated 20.3.1984 recorded by Sri Radha Kant, learned XIII Additional District Judge, Kanpur in original suit No. 39 of 1981 by which the ex parte decree dated 9.9.1982 was set aside and the application of Arjun Dass under Order 9, Rule 13, C.P.C. dated 6.12.1982 paper No. 54 Ga was allowed on payment of Rs. 30/ - as costs to the opposite parties. The suit was restored to its original number. The dispute relates to the portion of premises No. 105/693 Bhannapurwa, Kanpur wherein the respondents had installed a rice machine. He used to pay rent at the rate of Rs. 100/ - per month. The disputed premises were purchased by revisionist and three others who are opposite parties No. 1 to 3. The aforesaid suit No. 39 of 1981 was filed on the J.S.C.C. side for recovery of rent and ejectment. Ex -parte judgment and decree in that suit were set aside as given above.

(2.) IT was averred in the application under Order 9 Rule 13, C.P.C., that the landlords wanted to eject Arjun Dass by hook or crook: the rent was regularly deposited by him: tenant also filed a suit for injunction against the landlords which was decreed on 22.10.1981 and the landlords were restrained from dispossessing him by force. He deposited the rent under Section 30 of U.P. Act No. XIII of 1972 as the landlords refused to accept the rent remitted to them by money order. They also did not accept the rent tendered by him.

(3.) THE prayer was opposed by the decree holder on the ground that the report of the process server on the summons was correct, applicant had full knowledge of the suit and decree. There was no compliance of Section 17 of Provincial Small Cause Court Act and the application was not maintainable.