UMESH INDUSTRIES Vs. IX ADDITIONAL DISTRICT JUDGE GHAZIABAD

JUDGEMENT

(1.) By means of the petition under Art. 226 of the Constitution the petitioner-defendant in a suit for ejectment and arrears of rent, has prayed for writ of certiorari quashing an order dt. 1-11-1993 of the respondent No.2, J.S.C.C., Ghaziabad, whereby he struck off the defence of the petitioner under Order 15, Rule 5, C.P.C. and order dt. 4-4-1994 of the respondent No.1, IX Additional District Judge, Ghaziabad confirming the same in revision.

(2.) Learned counsel for the petitioner and the learned counsel for the caveator-respondent, the plaintiff, in the suit, have been heard and the material placed on record perused.

(3.) In the suit filed against the petitioner besides ejectment was claimed a sum of Rs.4801.40 as arrears of rent upto 28-6-1990 and damages @ Rs.2000/ - per month for the period 29-6-1990 onwards. The rate of rent was alleged to be Rs.665/ - per month upto 31-3-1990 and Rs.730.00 per month from 1-4-1990 till the date of termination of tenancy.