K. Ramaswamy, J. - (1.) Leave granted in SLP Nos. 3554, 5453, 6054, 2815/79, 3182/ 87, 4150/92, 12520/86 and 5791/95).
(2.) These appeals by Certificate under Article 133 arise from the judgment of the Full Bench of Allahabad High Court in Suit. Chandra Rani vs. Vikram Singh, 1979 Allahabad Law Journal 401. The respondents laid the suits in the Courts of Small Causes for recovery of arrears of rent or for rent and possession from the appellants. On their committing default in payment of rent in pending suit, their defence was struck off under Order 15 Rule 5 of CPC as amended by U. P. Civil Laws (Reforms and Amendment) Act. 1976, U. P. Civil Laws (Amendment) Act 37/1972 and U. P. Civil Laws (Amendment) Presidents Act 19/73. They challenged the vires of Order 15, Rule 5. On reference, the Full Bench held that it is not, inconsistent with the CPC Central (Amedment) Act 104/76 (for short, the Central Act) and is not void under Article 254(1) of the Constitution.
(3.) By U. P. Act 37/72, S. 4 of the Provincial Small Causes Court Act was amended empowering the Court of Small Causes to decree suit for possession of immovable property and for recovery of arrears of rent or interest in such property. By U. P. Act 37/72, brought on statute. Rule 5 of Order 15, stating thus :- "5. Striking off defence on failure to deposit admitted rent, etc.- (I) In any suit by a lessor for the eviction of a lessee after the determination of his lease and for the recovery from him of rent or compensation for use and occupation, the defendants shall, at or before the first hearing of the suit, deposit the entire amount admitted by him to be due together with interest thereon at the rate of nine per centum per annum and whether or not he admits any amount to be due, he shall throughout the continuation of the suit regularly deposit the monthly amount due within a week from the date of its accrual, and in the event of any default in making, the deposit of the entire amount admitted by him to be due or the monthly amount due as aforesaid. the Court may subject to the provisions of sub-rule (2, strike off his defence. Explanation 1 - The expression first hearing means the date for filing written statement or for hearing mentioned in the summons or where more than one of such dates are mentioned, the last of the dates mentioned. Explanation 2.- The expression entire amount admitted by him to be due means the entire gross amount, whether as rent or compensation for use and occupation, calculated at the admitted rate of rent for the admitted period of arrears after making no other deduction except the taxes, if any, paid to a local authorities in respect of the building on lessors account and the amount, if any deposited in any Court under Section 30 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Explanation 3.- The expression monthly amount due means the amount due every month, whether as rent or compensation for use and occupation at the admitted rate of rent, after making no other deductions except the taxes it any. paid to a local authority in respect of the building on lessors account. (2) Before making an order for striking off defence, the Court may consider any representation made by the defendant in that behalf provided such representation is made within 10 days, of the first hearing or, of the expiry of the week referred to in sub-section (1, as the case may be. (3) The amount deposited under this rule may at any time be withdrawn by the plaintiff. Provided that such withdrawal shall not have the effect of prejudicing any claim by the plaintiff disputing the correctness of the amount deposited : Provided further that if the amount deposited includes any sums claimed by the depositor to be deductible on any account, the Court may require the plaintiff to furnish security for such sum before he is allowed to withdraw the same." ;