SMT. SIYA PYARI Vs. THAKURJI AND ANOTHER

JUDGEMENT

(1.) This is a defendants revision under Sec. 25 of the Provincial Small Cause Courts Act against the order of the Additional District Judge, Kanpur dated 17-7-1976 striking off the defence under Order 15 Rule 5 of the Code of Civil Procedure.

(2.) Suit No. 318 of 1973 was filed by the plaintiff for ejectment, recovery of arrears of rent and damages for use and occupation against the defendants. After the service of the notice of the plaint, the defendants filed the written statement denying their liability to ejectment. They also, claimed that the rent payable by them was Rs. 25/- per month.

(3.) On the pleadings of the parties the Judge small Cause Court framed issues on 14-3-1975. It, however, appears that thereafter some-time in July, 1976, an application was filed by the plaintiffs for striking out the defence on the ground that as the defendants had not paid the arrears of rent and damages for use and occupation on 14-3-1975, the defence was liable to be struck off. The application was resisted by the defendants. They claimed that the application of the plaintiffs for striking off the defence was liable to be rejected inasmuch as the entire arrears of rent and damages for use and occupation had been paid by them before. The following details would show the position of payment made by the defendants :