RAMAKANT TRIPATHI Vs. SHEELA DEVI AND ANR.

JUDGEMENT

(1.) This petition is directed against the order dated 16th Jan., 1993 whereby Respondent No. 2 allowed the revision setting aside the order passed by the Judge, Small Cause Court whereby he rejected the application of the plaintiff-landlord filed under Order XV, Rule). C.P.C.

(2.) Respondent No. 1 filed suit for arrears of rent and ejectment against suit No. 131 of 1986a the Court of Judge Small Causes Courts. The petitioner tiled application under Order XV, Rule5, C.P.C. for striking-off the defence on the allegation that the petitioner had not deposited the ream accordance with the provisions of Order XV, Rud 5, C.P.C. and his defence was liable to be rejected The Judge, Small Cause Court rejected the said application on the ground that the petitioner had it a written statement and in Paras 20 and 23 of At written statement he took a plea that the husbanded the petitioner had taken loan of Rs. 25,000.00 on 3rd June 1979 which has not been returned and .the same was liable to be adjusted towards rent. The tenant did not admit any rent due and therefore the defence could not be struck-off.

(3.) The landlord-reSpondent filed a revision against the order. Respondent No. 1 allowed the revision taking the view that the allegation of the defendant-petitioner that he deposited certain rent in the proceedings under Sec. 30 of U.P. Act No. XIII of 1972 but as he did not deposit the rent in the Court of Judge, Small Causes Court where the suit was pending, the defence was liable to be struck-off. This order has been challenged in the present writ petition. I have heard learned Counsel for the p ies.