ROSHAN LAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS petition has been directed against order dated 21.1.1993 whereby defence of the defendant (petitioner herein) has been ordered to be struck off. Plaintiff (respondent herein) filed a suit for possession against the petitioner, alleging therein that despite the termination of tenancy, petitioner has not vacated the shop in dispute which was let out to him on a rent of Rs. 500/- per month. Petitioner appeared and alleged that the rate of rent is Rs. 350/- per month including house-tax, and not Rs. 550/- as has been alleged by the respondent. On an application filed by the respondent under Order 15 Rule 5 of the Code of Civil Procedure, petitioner was allowed one month's time to pay the arrears of rent for the period from 1.6.1990 at the rate of Rs. 350/- per month along with interest @ 9% p.a. He was directed to continue paying the monthly rent within a week from the date of its accrual. Petitioner paid the arrears of rent from 1.6.1990 to January, 1992 and also the interest at the rate of 9% per annum. Subsequently, the rent was not paid regularly, and on 18.1.1993 an application was filed by the petitioner for extension of time to pay the rent. In his application, he averred that since he had changed his counsel, he was not aware of second part of the order whereby he was directed to pay rent every month from the second part of the order whereby he was directed to pay rent every month from the date of its accrual till the final decision of the suit. He, however, showed his willingness to deposit the rent there and then and also the future rent by the 7th of each month. In view of earlier order dated 21.1.1992, application was dismissed and in consequence thereof, defence of the petitioner was struck off. The order striking off the defence is being impugned in the present revision petition.

(2.) NOTICE of the petition was ordered to be given to the respondent-plaintiff, but despite service no one has appeared on his behalf.

(3.) CONSEQUENTLY , the revision petition is allowed and order under revision is set aside. The petitioner is allowed one month's time to deposit the entire arrears of rent, if not deposited till date. During the pendency of the suit, petitioner shall continue to deposit future rent by the 7th of each month, failing which his defence would be deemed to have been struck off. There shall, however, be no order as to costs. Petition allowed.