DAU DAYAL SHARMA Vs. RAVI KUMAR

JUDGEMENT

(1.) THESE two writ petitions arise out of S. C. C. Suit No. 118 of 1997 that had been instituted on 11th September, 1997 by the plaintiff-landlord ravi Kumar for recovery of arrears of rent and ejectment in respect of the godown that had been let out to Ram Babu, father of defendant Nos. 1 to 5. Defendant Nos. 1 to 5 were the defendant 1st set while defendant No. 6 was the defendant IInd set.

(2.) IT was alleged in the plaint that after the death of Ram Babu, defendant nos. 1 to 5 became the tenants; that earlier, Ram Babu was depositing the rent under section 30 (1) of the U. P. Urban Buildings (Regulation of Letting, rent and Eviction) Act, 1972 (hereinafter referred to as to the Act) but after his death on 4th February, 1997 the proceedings became infructuous; that a notice dated 19th April, 1989 was sent to defendant Nos. 1 to 5 to pay the arrears of rent and water tax upto 19th April, 1989 but the said amount was not paid; that the user of the godown had also been converted by defendant Nos. 1 to 5 without the consent of the landlord and heavy power machines were installed; that the building had also been damaged by defendant Nos. 1 to. 5 that defendant Nos. 1 to 5 had also sub-let the tenanted premises to Rakesh Kumar defendant No. 6. The plaintiff-landlord, therefore, sent the notice dated 23rd July, 1997 to defendant Nos. 1 to 5 for ejectment and recovery of arrears of rent and ultimately the suit was filed.

(3.) THE Judge, Small Causes Courts on 26th October, 1998 noticed that the service upon the defendants was sufficient but the defendants did not appear and, therefore, fixed 10th November, 1998 for ex-parte evidence. An application was moved by defendant No. 1 for recalling the said order. This application was allowed on 10th November, 1998 and 20 days time was given to file the written statement and 15th December, 1998 was fixed for evidence. Subsequently, defendant No. 1 filed a written statement on 24th March, 1999 and also deposited Rs. 4200/- under section 20 (4) of the Act. After the evidence of the plaintiff and the defendant had been closed, defendant No. 5 Vimla devi moved on application in November, 2000 for setting aside the order directing the case to proceed ex parte against her and for giving her time to file the written statement. This application was allowed on 15th January, 2001, and time upto 24th January, 2001 was given to defendant No. 5 to file the written statement. On the same date the Judge, Small Causes Courts also ordered that she may deposit the amount of Rs. 1400/- at her own risk.