CITY BOARD MATHURA Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is defendant's revision filed against a judgment of the Second Additional District Judge, Mathura dated 8-1-1976 rejecting a revision filed by the applicant filed under Sec. 25 of the Provincial Small Cause Courts Act.

(2.) Suit No. 553 of 1971 was filed by Ashok Kumar the plaintiff-opposite party for ejectment of the defendant-applicant on the ground that the City Board, Mathura, the defendant was his tenant at the rate of Rs. 1/- per month and as the defendant had not paid the rent his tenancy was terminated by notice dated 7-6-1971. The City Board Mathura filed a written statement and claimed that it was a tenant of the premises in question. In the alternative the City Board also claimed that if the claim of the permanent lease settled in favour of the defendant is not accepted the defendant was a licensee having been granted irrevocable licence and as the suit was for arrears of rent and ejectment, the same was liable to be dismissed.

(3.) After the enforcement of U.P. Act No. 37 of 1972, the aforesaid suit was transferred to the Small Cause Court side. On 21st Jan., 1974 issues were framed. Thereafter, the hearing of the suit was adjourned. On 21st Feb., 1974, an application was filed by the plaintiff for striking off the defence on the ground that as the defendant had not complied with the provisions of Order 15 Rule 5 C.P.C. the defence was liable to be struck off.