SHIV PRASAD Vs. SPECIAL JUDGE ALLAHABAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India by a tenant whose defence in a suit for ejectment has been struck off under the provisions of O. XV, R. 5 of the Civil P.C. as amended in the State of Uttar Pradesh.

(2.) I have heard the learned counsel for the petitioner and the learned counsel for the respondents.

(3.) ON the first date of hearing i.e. 12.9.1991 the tenant deposited a sum of Rs. 300/- in the Court being the rent admitted by him to be due for the period April, 1991 to August, 1991. He was required to deposit the same with interest that amounted to Rs. 3.50. The petitioner's case is that since he was advised to deposit Rs. 300/- only, he deposited the same. Further deposits were made by the petitioner as below :-