VIJAI KUMAR Vs. FIRST ADDITIONAL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) -This petition has been preferred by the tenant against the judgment and order of the Additional District Judge passed in a revision Under section 25 of the Provincial Small Causes Courts Act.

(2.) SUIT No. 826 of 1977 was filed by Smt. Ram Bansal and another against the defendant for ejectment and recovery of arrears of rent and mesne profits. The facts, which are not undisputed, are that the defendant was a tenant of the accommodation in question on the monthly rent of Rs. 250/-. A notice of demand of rent was given by the plaintiffs, which was served on the defendant on September 30, 1979. The tenant remitted rent of Rs. 348/- through money order. The tenant further alleged that the tenant had deposited a sum of Rs. 162-50 in the Court of Munsif (City) under section 30 of the U. P. Act 13 of 1972. On November 28, 1979, the Judge, Small Causes Court decreed the suit for eviction of the defendant and for recovery of arrears of rent from February 1, 1974 to October 24, 1977 and for mesne profits with effect from October 1977.

(3.) OUT of the points, mentioned above, the relevant one for this writ petition is the question of default. The learned District Judge remarked :