SIYA RAM SHARMA Vs. KUMARI DEVI

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) BRIEF facts of the case are that the respondent is the landlord of premises No. 340 situate near Kanhaiya Talkies Mohalla Bachoorpur, Town Mughalsarai, Tehsil and District Chandauli. She has also six shops out of which two shops were given on rent to the petitioner in 1982 and 1991 on monthly rent of Rs. 500/ -.

(3.) THE Counsel for the petitioner submits that the petitioner is ready and willing to deposit the entire arrears of rent. It is further submitted that the petitioner is an old tenant since 1982 and as the landlord has not shown her bona fide need in the plaint he may be permitted to file his written statement which he could not submit as he was not aware of the proceedings in J. S. C. C. suit in the Court below. It is stated that when it came to his knowledge on 5-11-2005 that suit proceedings in respect of rent and eviction are pending in the Court below he appeared in November, 2005 and after receiving copy of the plaint consulted his Counsel for filing written statement which was prepared on 20-3-2006. It is also submitted that his Counsel in the Court below on 23-3-2006 did not file the same on the date fixed in the case but moved an application on 28-3-2006 for filing the written statement alongwith an application for depositing entire arrears of rent which have been rejected vide order dated 28-8-2006.