RAJENDRA KUMAR VERMA Vs. PADMA JINDAL

JUDGEMENT

(1.) Heard Sri Y.K. Sinha, learned Counsel for the revisionists and Sri Anoop Tripathi, advocate for the caveator-respondents.

(2.) As agreed between the parties, this revision is being heard and finally decided at this stage itself.

(3.) The order dated 13.1.2006, passed by Additional District Judge Court No. 2, Ghaziabad in S.C.C. Suit No. 13 of 2001Smt. Padma Jindal and Anr. v. Rajendra Kumar Verma and Anr. is impugned in this revision. An application moved on behalf of the plaintiff-landlord under Order XV, Rule 5, C.P.C. has been allowed on the ground that the admitted rent was deposited on 27.8.2005 to a tune of Rs. 1,52,665. The submission on behalf of the plaintiffs is that the rent, which was liable to be deposited along with interest, should have been Rs. 1,72,071 but since no interest has been deposited therefore, the amount so deposited is short and. therefore, the defence of the tenant is liable to be struck down. This application was moved on 16.12.2003 and thereafter a number of dates were fixed but the money was deposited through tender only on 27.8.2005. A copy of tender has been annexed as Annexure-4 to the affidavit filed in support of the stay application.