LEELA DEVI Vs. SHANTI DEVI

JUDGEMENT

(1.) This revision is directed against the order dated 26-10-1983 of the I Additional District Judge, Varanasi striking off the defence of the applicant No. 2 under O. XV, R. 5, C.P.C.

(2.) The opposite party filed a suit for ejectment of the applicants from the house in dispute claiming that the applicant No. 2 had taken the house in question for the applicant No. 1 on a monthly rent of Rs. 250/-. The applicants committed default in making payment of rent and, therefore, their tenancy was terminated and they were called upon to pay the arrears of rent and vacate the house after one month of the receipt of the notice. The applicants neither paid the rent nor vacated the house and as such she had to file the suit for arrears of rent and ejectment of the applicants from the house in dispute.

(3.) The applicants filed a joint written statement in the suit. While the applicant No. 1 denied that she was tenant of the house the applicant No. 2 asserted that he had taken the house on rent and claim of the opposite party that he had taken it for the applicant No. 1 was incorrect. It was further stated by the applicant No. 2 that the house was let out to him by the opposite on a monthly rent of Rs. 60/- which he has been paying to her regularly and he has committed no default. However, he deposited Rs. 520.50 in the Court on 25-2-1978, the first date of hearing.