BHAROSILAL Vs. RIHAN AHMED

JUDGEMENT

(1.) AGGRIEVED by orders dated 17.7.2001 and 8.10.2001 passed by Eighth Civil Judge, Class II, Gwalior, dismissing his application dated '10.7.2001 and granting time of one month to him with direction to deposit the whole amount of arrears of rent as claimed by the respondents/landlord and refusing his prayer to review that order and condone his delay in deposit of the arrears of rent, the petitioner/tenant in an eviction suit, has preferred this revision petition under section 115 of CPC.

(2.) THE brief facts are that the respondents had purchased the suit premises from the previous landlord of the petitioner on 7.6.1996 and, therefore, had become the landlords in respect of these premises from 7.6.1996. The petitioner was tenant in those premises at a monthly rent of Rs. 100/ . No amount was paid by the petitioner to the respondents on account of rent, till the institution of the suit. Therefore, the respondents had filed a suit for arrears of rent as well as eviction against the petitioner.

(3.) THEREFORE , even if the delay was to be condoned, it would be fruitless because till that date i.e. 8.10.2001, whole arrears including those which were time barred were not deposited. There was also no legally tenable reason for review of the order dated 17.7.2001. Therefore, the impugned order dated 8.10.2001 called for no interference. Similarly, the order dated 17.7.2001 requiring the petitioner to deposit the whole arrears including the time barred rent was also quite in accordance with law as laid down in the said case of Shyam v. Sheikh Nizam (supra). Thus, there was no substance in this revision petition. Therefore, this revision petition is dismissed. Parties shall bear their own costs.