NITESH KUSHWAH Vs. SMT. JOHARABEE

JUDGEMENT

(1.) Heard finally.

(2.) By this writ petition under Article 227 of the Constitution the defendant-tenant has approached this Court originally challenging the order dated 7.3.2014 fixing the provisional rent and directing the deposit of the same and by way of the amendment, he has also challenged the order dated 15.4.2014 by which the defence of the petitioner has been struck off on the ground of not depositing the arrears of rent and non filing the written statement.

(3.) Learned counsel for the petitioner submits that the provisional rent of Rs.2300/- fixed by the trial Court is on the higher side and that the trial Court could not have directed for deposit of the rent for the period prior to filing of the suit. He further submits that the written statement was already filed on 31.1.2014, therefore, the defence on that ground could not have struck off subsequently.