JANKI PRASAD SAXENA Vs. TARA KRISHNA CHATURVEDI

JUDGEMENT

(1.) THIS is a defendant's revision directed against the order of the trial Court dated September 24, 1973 striking off the defence of the appellant. The applicant is admittedly a tenant of the premises belonging to the opposite party. The opposite party filed a suit for eviction of the applicant on May 10, 1971. The suit was subsequently transferred to the court of the Judge Small Cause on January 27, 1973. The first hearing of the suit was fixed for April 12, 1973. The applicant admittedly did not make any deposit towards the arrears of rent and damages for use and occupation on or before the aforesaid date. The opposite party, thereafter, filed an application on September 14, 1973 for striking off the defence of the applicant. This application was made under Order 15, Rule 5, Civil Procedure "Code, as amended by the U.P. Civil Laws Amendment Act (Act No. 37 of 1972). In this application the opposite party alleged that as the applicant had not made deposits required by the aforesaid rule 5 of Order 15, C.P.C. the written statement filed by the applicant was liable to be struck off. The application was contested by the applicant. He, however, also filed an application on September 19, 1973 for permission of the court to deposit Rs. 224 J-. According to the case of the defendant, the op posite party was not entitled to get the rent claimed by him in the suit. In support of this plea the defendant asserted that he had spent a huge sum in repairs of the house and as per the agreement he was entitled to adjust the amount spent by him on repairs. He, thus al leged hat in case the amount claimed by him was adjusted, the plain tiff opposite party was not entitled to get anything by way of arrears of rent or damages.

(2.) THE application was decided by the trial court on September 24, 1973. By the said judgment the trial court found that the applicant had not paid to the opposite party since March 1969. Therefore, the defence of the applicant was liable to be struck off. The trial court also found the total amount of rent payable by the applicant from March 1969 to April 12, 1973, which was the first date fixed for hearing came to Rs. 576.00. In the opinion of the trial court, the defence of the applicant was liable to be struck off also on the ground that the appli cant did not make monthly deposits after April 12, 1973 towards the damages. On this view of the matter the application made by the op posite party was allowed whereas the objections filed by the applicant were rejected.

(3.) IN this case the sole question involved is about the scope and am bit of Order 15, Rule 5, C.P.C. as amended by the U.P. Civil Laws (Amendment) Act (Act No. 37 of 1972). The following Rule 5 was added in Order 15 of the Civil Procedure Code: