LAXMI DEVI SHARMA Vs. DISTT JUDGE AGRA

JUDGEMENT

(1.) YATINDRA Singh, J. Smt. Savitri Devi is the landlady of the house in question. Smt. Laxmi Devi Sharma (the petitioner) is admittedly the tenant. The landlady filed a suit for eviction of the tenant on the ground off arrears of rent. In this suit a written statement was filed by the tenant. Subsequently the defence of the tenant was struck of by order dated 9th February, 1984 in view of Order XV, Rule 5 of the Civil Procedure Code (C. P. C. ). The tenant filed a revision which was also dismissed on 5th February, 1985, hence the present writ petition.

(2.) I have heard Sri Rakesh Pandey, counsel for the petitioner and Sri Madhav Jain, counsel for respondent. The trial Court struck off the defence of the tenant-petitioner on the ground that the admitted rent was Rs. 28. 75 per month and as there was short-fall in depositing the entire arrears the defence was struck off. This finding has been accepted by revisional Court. Sri Pan dey has pointed out that in paragraph 10 of the written statement (Annexure-2 to the writ petition), it is clearly mentioned that the rent was Rs. 25 per month and Rs. 3. 75 was electrical charges. The tenant was merely liable to pay the admitted rent. The admitted rent was not Rs. 28. 75 per month. It was Rs. 25 per month and remaining was electrical charges. There is no finding that there is any short-fall taking the admitted rent to be Rs. 25 per month. In view of this the order of the Courts below striking off the defence is illegal.