KRISHNA LAL Vs. NARENDRA KUMAR JAIN

JUDGEMENT

(1.) THIS revision application is directed against the decree and order of the Additional District Judge, Muzaffarnagar, setting aside the decree of the Judge, Small Causes Court, and decreeing the plaintiff respondent's suit for defendant-applicant's eviction.

(2.) LALA Narendra Kumar plaintiff-respondent filed a suit before the Judge, Small Causes Court, for the recovery of rent and eviction against Krishan Lal defendant-applicant. The summons issued in the suit were not served on the defendant. Service was, however, effected by publication and the plaintiff's suit was decreed ex parte. Subsequently, on the defendant's application the ex parte decree was set aside by the trial court on 31st July, 1976. On that very day, the trial court fixed 19th October, 1976, for hearing of the suit. The suit could not be taken up on 19th October, 1976, as curfew was imposed in the city of Muzaffarnagar. The trial court fixed 6-1-1977 as the next date of hearing. The defendant deposited the entire amount of rent and damages due from him together with interest at the rate of 9 per cent per annum and also landlord's cost of the suit on 6-1-1977. He made an application before the trial court that since he had deposited rent along with interest and costs of the suit, the plaintiff's suit be dismissed by giving him the benefit of Section 20 (4) of the Act. The trial court upheld the defendant's contention and dismissed the plaintiff's suit. The plaintiff filed a revision under Section 25 of the Small Causes Court Act before the District Judge against the order of the trial court. The revision was allowed by the IVth Additional District Judge, Muzaffarnagar, by his order dated 6-4-1977, and the case was remanded to the trial court with a direction that the suit be registered to its original number for trial and decision according to law. Aggrieved, the defendant has filed this application in revision against the said order.

(3.) IN the result, the revision succeeds, the decree and order of the Additional District Judge, is set aside and the decree and order of the trial court is restored. Parties shall bear their own costs. Revision allowed.