SARLA DEVI Vs. RAVINDRA KUMAR

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) PETITIONERS are plaintiff-landlords in S. C. C. Suit No. 12 of 2002, pending before j. S. C. C. /civil Judge, (S. D.), Muzaffarnagar. In the suit petitioners filed several applications for striking off the defence of the tenant-defendant. Trial Court through its order dated 20. 9. 2006 refused to strike off the defence. In the application landlords had stated that rent for the months of January to april, 2005 was deposited late. Tenant had applied for condonation of delay in making the deposit. Tenant's application for condonation of delay was allowed on payment of Rs. 600/ -. Rent for January to April, 2005 had already been deposited on 11/13 of May, 2005. Through order dated 20. 9. 2006 Trial Court condoned the delay ex-post-facto in making the deposit and rejected the application of the landlords to strike off the defence of the tenant. Against the said order S. C. C. Revision No. 11 of 2006 was filed which was dismissed on 17. 10. 2006 by incharge District Judge, Muzaffarnagar, hence this writ petition.

(3.) AFTER hearing learned Counsel for both the parties at great length I am of the opinion that even though delay in making the deposit was rightly condoned and application of the landlords for striking off the defence was rightly rejected, however, costs of Rs. 600/- awarded by the Trial Court was slightly on the lower side.