SOHAN LAL Vs. HODAL SINGH

JUDGEMENT

(1.) THIS is a defendant's revision filed under S.115 Civil P.C. against a judgement of the Second Additional District Judge, Aligarh dated 14-9-1977 accepting the revision preferred under S.25 of the Provincial Small Cause Courts Act.

(2.) THE plaintiffs are the opposite parties in this revision. THEy filed Suit No. 457 of 1975 for ejectment, recovery of arrears of rent and damages for use and occupation. THEy alleged that the defendant was the tenant on a monthly rent of Rs. 80 besides Rs. 3 for electrical charges of a pucca shop situated in Mohalla Jwalapuri G. T. Road, Aligarh. He did not pay the rent and the electricity charges amounting to Rs. 1245 due from 1-10-1973 to 31-12-1974, despite a notice dated 27-1-1975.

(3.) AGAINST the judgement of the trial court, the plaintiff preferred a revision under Section 25 of the Provincial Small Cause Courts Act. In the revision the Additional District Judge found that the deposit of the arrears of rent and future rent having not been made, as required by O.15, R.5, C.P.C., the defence was liable to be struck out. After ignoring the defence of the tenant, the learned Additional District Judge held that the plaintiff had established that the rate of rent of the shop in question was Rs. 80 per month and since the defendant had committed a default he was liable to eviction. Consequently, the revision was allowed and the suit of the plaintiff was decreed for the ejectment of the defendant and for the recovery of Rs. 1736 as arrears of rent and electric charges. Dissatisfied, the defendant filed the present revision.