PANARU LAL Vs. GANPATI JHA

JUDGEMENT

(1.) In brief, the facts of the case is that the respondent/landlord filed a suit being Suit No. 14 of 2011 before Small Cause Court at Varanasi for arrears of rent and eviction from the shop in question. The tenancy was determined by notice dated 1 May 2008 which was served upon the petitioner on 6 May 2008. The petitioner/tenant contested the suit by filing written statement on 16 January 2012. On 5 September 2012, the petitioner moved an application (44-Ga) stating therein that the petitioner was depositing the rent under Section 30 of Act No.13 of 1972 and had deposited the rent till August 2012, therefore, request to adjust the sum and permit the petitioner to deposit the rent in the pending suit for the month of September 2012 and onwards. The respondent/landlord contested the application by moving an application (48-Ga) requesting to strike off the defence of the petitioner on the ground that the petitioner had not deposited the rent in terms of Rule 5 Order 15 of the Code of Civil Procedure, to which the petitioner filed a reply. The Court allowed the application (48-Ga) of the respondent/landlord striking off the defence of the petitioner vide order dated 30 July 2014. Aggrieved, the petitioner preferred a revision which was dismissed by the Revisional Court/Additional District Judge, Varanasi on 26 February 2015.

(2.) Aggrieved, the petitioner is assailing the aforementioned orders in writ jurisdiction.

(3.) Heard Sri P.K. Kesari,learned counsel for the petitioner and Sri P.K. Ganguli, learned counsel for the respondent.