BUNIYAD HUSSAIN Vs. RAJ KUMARI

JUDGEMENT

(1.) J. C. Mishra, J. This revision has been filed against the order dated 20th May, 1998 passed by the Additional Dis trict Judge (E. C. Act), Dehradun striking off the defence of the defendant-revisionist for non compliance of Order 15, Rules, C. P. C.

(2.) HEARD learned counsel for the par ties and perused the record.

(3.) IF the deposit was made in March, 1997 only rent up to February, 1997 had become due by that time. Therefore, the revisionist was required to deposit rent from 1st October, 1996 of February, 1997 i. e. , 5 months rent which according to the defendant was at the rate of Rs. 3007- per month. Thus, on that date the defendant was required to deposit Rs. 1500/- interest thereon. The defendant deposited Rs. 3600/-, which was more than the admitted rent due. The finding that the deposit was deficient by Rs. 300/- does not appear to be correct.