JEEWAN PRASAD Vs. MADARSA TALIMOOL KURAN AND ORS

JUDGEMENT

(1.) Heard Sri V.D.Ojha, learned counsel for the petitioner and Sri Shamshul Islam, learned counsel for the respondent.

(2.) The proceeding under Article 227 of the Constitution of India has been initiated by the petitioner for setting aside the order dated 24.04.2015 passed by the Additional District Judge, Court No.1, Ballia whereby the application 45-Ga moved by the respondent has been allowed and the defence of the petitioner was struck off under Order 15 Rule 5 C.P.C.

(3.) Ground of challenge is that the tenant petitioner had never defaulted and has been depositing Rs.15.00 per month from June 1988 when the landlord had refused to receive the rent. The written statement in the instant suit was filed on 13.09.2002. There is no finding of the Court below that the rent deposited under Section 30 was insufficient and there were dues against the petitioner. The submission is that the court below was required to adjust the amount deposited under Section 30 of the U.P. Act 13 of 1972 and the petitioner is entitled to the benefit of Section 20 (4) of the Act, 1972.