LAKHAN LAL Vs. LAKSHMI PUSTAKALAYA PUKHRAYAN

JUDGEMENT

(1.) THIS is a defendant's revision application under Section 115 Civil Procedure Code challenging orders of the courts below striking off his defence under Order XV Rule 5 of the Code.

(2.) THE plaintiff-opposite party filed a suit for recovery of Rs. 155/- as arrears of rent and ejectment. THE defendant contested the suit. He denied that be was defaulter in payment of rent or that any rent was due from him. He asserted that he had paid a sum of Rs. 100/- towards rent for the period 20th March, 1970 to 19th July, 1970 to Brahm Bala Prasad Nigam a clerk of the plaintiff who promised to issue receipts but he failed to do so. THE defendant further pleaded that under an agreement with the plaintiff, the defendant had constructed a pucca cemented room in the disputed premises and spent Rs. 3000/- on the said construction. THE plaintiff had agreed for adjustment of the said amount towards rent. During the pendency of the suit the plaintiff made an application for striking off the defence under Order XV Rule 5 on the ground that the defendant had failed to deposit the arrears of rent and he had further failed to deposit monthly rent as and when due during the pendency of the suit. THE trial court upheld the plaintiff's contention and struck off the defence under Order XV Rule 5. On revision, the first Additional District Judge, Kanpur, upheld the trial court's order. Hence this revision.

(3.) IN the result, I allow the revision and set aside the orders of the courts below. The trial court is directed to hear and decide the case on merits in accordance with law. The applicant is entitled to his costs. Revision allowed.