DHANNO DEVI Vs. MOHAN LAL

JUDGEMENT

(1.) IN this revision petition filed by the plaintiff under Article 227 of the Constitution of India, challenge is to order dated 3.12.2004 Annexure P/3 passed by the trial court thereby allowing application Annexure P/1 filed by the defendant -respondent for leave to defend the suit which has been instituted by the petitioner against respondent under Order 37 of the Code of Civil Procedure. Case of the plaintiff is that defendant was tenant in the demised shop under the plaintiff and the shop was vacated on 23.10.2003 but the defendant has not paid rent since 1.11.2002 till 31.10.2003 amounting to Rs. 42,000/ -. The plaintiff has claimed the said amount in the suit along with interest thereon.

(2.) CASE of the defendant in his application Annexure P/1 is that he had paid rent upto 31.12.2002 and he vacated the shop on 31.12.2002 and therefore, he is not in arrears of rent. The defendant also pleaded to have paid Rs. 10,000/ - to the plaintiff as security.

(3.) LEARNED trial court vide order dated 3.12.2004 Annexure P/3 allowed the application of the defendant and granted leave to the defendant to defend the suit.