LAXMI NARAIN Vs. RAMA NAND

JUDGEMENT

(1.) BY means of this writ petition under Article 226 of the Constitution the petitioner tenant has assailed an order dated 17-8-1992 of the J.S.C.C. Jhansi allowing an application under Order 15, Rule 5 CPC of the respondents no. 1 and 2, the landlords, and striking of the petitioner's defence, and an order dated 1-2-1994 of the District Judge, Jhansi confirming the same in revision.

(2.) THIS writ petition is being disposed of finally at the admission stage as requested by both the parties, the learned counsel for the caveator, respondents no. 1 and 2. stating that he; does not propose to file any counter affidavit in view of the relevant material of being available on record.

(3.) BEFORE the learned J.S.CC the defendent also pressed for deciding his prayer for being relieved against the liability for eviction in view of the deposit under section 20 (4). The learned J.S.CC. directed both the questions under section 20 (4) of Act 13 of 1972 and Order 15, Rule 5 CPC to be considered at the stage of final hearing. On revision preferred by the petitioner, however, the District Judge setting aside the said order directed the matter relating to striking of defence under Order 15, Rule 5 CPC to be disposed of first. The J.S.CC. by his order dated 17-8-1992 rejected the application dated 15-4-1988 of the petitioner holding that the rent from June. 1987 to October, 1987 was deposited on 24-2-1988 and from November, 1987 to January, 1988 was deposited on 24-7-1988. no application for condonation of delay at the time of there deposits was made. As per Rule 5 of Order 15 the rent is required to be deposited within a week from the date it became due and any representation for the due date of deposit. In revision the District Judge by his order dated 1-2-1994 affirmed the said order.