LAKSHMI SWAROOP Vs. PRAVEEN CHAND

JUDGEMENT

(1.) THIS revision petition under Section 115 CPC has been filed by the judgment-debtor against the order dated 27. 10. 2004 whereby application under Section 47 CPC filed by the judgment-debtor was dismissed.

(2.) THE non-petitioner filed a civil suit No. 342/1989 for eviction against the petitioner on the grounds of default in payment of rent, reasonable and bonafide requirement and subletting. THE defendant-petitioner contested the suit by filing written statement.

(3.) LEARNED counsel for the petitioner referred Annex. 3, a chart showing the payment of rent and contended that a sum of Rs. 900/- was deposited in advance on 12. 12. 2001 and another sum of Rs. 1,000/- was deposited on 16. 9. 2002. Hence, there was no default in payment of rent for three months, i. e. , May, 2002 to July, 2002 as pleaded by the non-petitioner. According to the learned counsel for the petitioner, in all, a sum of Rs. 1,900/- was deposited while the total amount of rent for three months comes to Rs. 1,500/- and in case advance deposited of Rs. 900/- is adjusted, no case of three continuous default is made out.