RAJ KUMAR Vs. NAVNEET KUMAR

JUDGEMENT

(1.) This is a tenant-defendant's revision against a decree by the Judge, Small Causes Court, decreeing the suit for ejectment, arrears of rent amounting to Rs. 2,661-00 and pendente lite and future damages at the rate of Rs. 2,000-00 per month. The suit was decreed ex parte.

(2.) What had happened was that the case was registered on 22-8-1985. The summons were served on 24-9-1985 and 29-11-1985 was fixed for disposal. On 25-9-1985, the defendant tenant applied for permission to make the deposits under Sec. 20 (4) of the U.P. Act No. XIII of 1972 and he was allowed time till 5-10-1985 to do pairavi. On 29-11-1985, the defendant filed a written statement and also filed an application for adjournment which was opposed. The adjournment was allowed subject to payment of Rs. 30.00 as costs and 18-2-1986 was fixed.

(3.) Mean-while on 31-1-1986 the plaintiff applied that the defence of the tenant should be struck off. This application was ordered to be put on the date fixed namely, 18-2-1986. On 7-2-1986 the defendant applied for time to file objections to the application for striking off the defence. The Court ordered that the objection, may be filed by the date fixed, namely 18-2-1986.