K JAYRAJ Vs. MOSES PANDIAN

JUDGEMENT

(1.) THIS appeal has been preferred at the instance of the plaintiff assailing the judgment and order dated 9th March, 2007 passed by the learned District Judge, Andaman and Nicobar Islands, Port Blair in First miscellaneous Appeal No. 12 of 2004 (Dr. Moses Pandian v. Shri K. Jayraj)allowing the appeal filed by the defendant/tenant against the order dated 30th July, 2004 passed by the learned Civil Judge, Senior Division, Port blair in other Suit No. 48 of 1997. The plaintiff herein filed the suit before the learned Civil Judge, Senior Division at Port Blair for eviction of the defendant/tenant under Regulation 13 of the Andaman and Nicobar Islands rent Control Regulation, 1964. In connection with the said suit an application under Regulation 14 (1) and (2) of the Andaman and Nicobar islands Rent Control Regulation, 1964 was filed by the plaintiff. The said petition was allowed by the learned Civil Judge, Senior Division at Port blair by order dated 17th February, 1999 whereby and whereunder the defendant/tenant was directed to deposit the arrears of rent from the month of May, 1995 and was also directed to pay/deposit the current rent of rs. 500/- month by month by the 15th of each succeeding month till the final disposal of the suit. The relevant portion of the said order dated 17th february, 1999 passed by the learned Trial Court is quoted hereunder:-

(2.) THE plaintiff thereafter filed another application under Regulation 14 (7) of the Andaman and Nicobar Islands Rent Control Regulation, 1964 alleging that the defendant/tenant has failed to deposit the arrears of rent as well as the current rent in compliance with the aforesaid order dated 17th February, 1999 passed by the learned Trial Court and therefore prayed for striking out the defence against the eviction of the defendant/tenant on the aforesaid ground of failure to deposit the rent. The learned Trial court by the order dated 30th July, 2004 allowed the aforesaid petition filed by the plaintiff under Regulation 14 (7) of the Andaman and Nicobar islands Rent Control Regulation, 1964 on contest and defence of the defendant/tenant was struck out.

(3.) CHALLENGING the said order of the learned Trial Court an appeal was preferred before the learned District Judge. The learned District Judge ultimately allowed the said appeal preferred by the defendant/tenant and set aside the order passed by the learned Civil Judge, Senior Division at port Blair on 30th July, 2004.