- (1.) SUDHIR Narain, J. The petitioner has challenged the order dated 1-9-1981 passed by IVth Additional District Judge, Allahabad whereby he allowed the revision against the order of the Judge Small Causes, Allahabad.
(2.) THE facts in brief, are that the petitioner is the landlord and owner of House No. 670 Muthiganj, Shraiya, Allahabad and respondent No. 2 is tenant of the ground floor portion of the aforesaid house. The petitioner filed Suit No. 50 of 1979 on 11-1-1979 in the Court of Judge Small Causes, Allahabad against respondent No. 2 claiming arrears of rent with effect from 1st December, 1976. He claimed monthly rent of the disputed accommodation at Rs. 100 plus Rs. 20 per month as electric charges The summons was issued to respondent No. 2 and the first date of hearing was 16th April, 1979. On the said date respondent No. 2 filed a written statement and further deposited a sum of Rs. 1910. In the written statement he alleged that he had already deposited a sum of Rs. 1187 and an amount of Rs. 1910 was being deposited thus the total amount comes to Rs. 3,097 while according to the claim of the tenant the total amount till 16th April, 1979 was Rs. 3,070 and Rs. 27 was in excess. On 3rd November, 1979 the petitioner filed an application to strike off the defence of respondent No. 2 under Order XV, Rule 5, C. P. C. in the ground that the tenant did not deposit the full amount.
(3.) RESPONDENT No. 2 filed objection to the said application on 15-1-1980 and contended that the amount deposited by him on first date of hearing was in excess. On 24-4-1980 he filed another application praying that he may be permitted to file documents, tenders and receipt in evidence. In the application it was stated that he was a businessman so by chance and mistake in the business file the tenders regarding the deposit made by him were packed and sent to Calcutta and now he was found them. He also sought permission to file electric bills and receipts regarding expenses alleged to have been done by him in repairing and white washing of the house. The Judge Small Causes Court, Allahabad held that the petitioner had not deposited 9% interest on the amount due on the date of first hearing and further he had not deposited monthly rent in time. He failed to comply with the provisions of Order XV, Rule 5 of the Code of Civil Procedure and his defence was liable to be struck off. Respondent No. 2 filed revision against the said order. Respondent No. 1 allowed the revision by order dated 1-9-1981. The petitioner has challenged this order in this writ petition.;