(1.) THE petitioner has sought the quashing of the order dated 28th November, 2005 passed by the Judge, Small Causes Courts by which the application filed by the plaintiff-landlord under Order XV, Rule 5 of the code of Civil Procedure, 1908 (hereinafter referred to as the 'cpc') as amended in the State of Uttar Pradesh was allowed and the defence of the tenant was struck off, the petitioner has also sought the quashing the order dated 29th february, 2008 passed by the Revisional Court by which the revision filed by the tenant for setting aside the aforesaid order was dismissed.
(2.) SCC Suit No. 8 of 2003 was filed by the plaintiff-landlord with the allegation that the defendant was a tenant of the shop in dispute on a monthly rent of Rs. 13. 75 since the time of late Narsingh Das Agrawal, husband of plaintiff No. 1 and father of plaintiffs Nos. 2 to 7; that the defendant did not pay the rent as a result of which a registered notice dated 13th May, 2003 was sent to the tenant for determination of the tenancy and for making payment of arrears of rent but the defendant tenant did not vacate the premises and nor did he make the payment of arrears of rent despite service of the said notice.
(3.) A written statement was filed in which it was stated that the rent was being deposited under section 30 (1) of the U. P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'act') since the time of the original landlord and the said application was registered as misc. Case No. 70 of 1995.