VISHWANATH CHOPRA Vs. IST ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) The petitioner by means of present writ petition has challenged the order dated 1st December, 1997, passed by the respondent No. 1 in Civil Rev. No. 431 of 1994 which has been filed as Annexure-8 to the writ petition.

(2.) The brief facts giving rise to the present writ petition are that respondent Nos. 2, 3 and 4 filed a suit for ejectment of the petitioner from the premises in suit bearing Municipal No. 16/13, Chauk, Allahabad, stating therein that the petitioner was a tenant on payment of Rs. 69.50 per month as rent and there was arrears of rent since 1st May, 1979, therefore, the suit was filed after giving notice terminating the tenancy, etc.

(3.) The petitioner contested the suit on the ground that the property was put to auction in arrears of income-tax by the Income Tax Department and the petitioner is tenant on behalf of the Executive Engineer C.P.W.D. He has deposited the rent for a period between 1st September, 1979 to 30th November, 1983. The rent for the month of May, June, July and August, 1979 was not accepted even sent through the money order, therefore, the petitioner is not a defaulter. The plea of deposit of this entire rent under Section 20 (4) of the U. P. Act No. XIII of 1972 was also taken. The suit was dismissed on 14th March, 1984. A revision was filed by the respondents before the revisional court. An application was filed by the respondents on 22nd December, 1989 for the first time to strike off the defence under Order XV, Rule 5 of the Civil Procedure Code. The application was contested by the petitioner that this application is not maintainable before the Revisional Authority. An application was also filed by the petitioner offering a sum of Rs. 4.378.50 towards rent from October, 1984 to December, 1989. The revisional court allowed the application and remanded the case to the Prescribed Authority to examine the Issue about the applicability or non-applicability under Order XV, Rule 5 of the C.P.C. This order is under challenge In this writ petition.