Dwarka Nath Jha, J. - (1.) THIS is a writ petition filed by the tenant. It arises out of a suit for arrears of rent and ejectment filed by opposite party No. 3 Smt. Neera Kapoor. The suit was filed in 1983 claiming arrears of rent from 16.6.81 to 21.9.1982 amounting to Rs. 455/ - along with a prayer for ejectment. The premises in question are governed by the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). This suit was decreed ex -pane on 13.4.83. This decree was set aside on 21st January, 1984 and the case was fixed for hearing on 8.3.1984. On this date the case was adjourned and 12.4.1984 was fixed on which date on account of lawyers strike it was adjourned to 11.5.84. On this date the petitioner applied for supply of copies of plaint etc. and the case was fixed for 12.7.84, on which date the Presiding Officer was on leave and the case was posted for 17.8.84. On 17.8.84 petitioner moved an application seeking permission to deposit rent and alongwith it a tender was furnished mentioning details regarding payment of rent from 17.8.1981 to 16.8.84 details were mentioned in the following manner: - - On the permission of the Court the said amount was deposited next day i.e. 11.8.1984. It also transpires that further deposit had been made subsequently during the pendency of the suit, the details of which are as follows: - -
(2.) IT may be mentioned that on 4.9.1984 opposite party No. 3 who is the landlord moved an application under Order 15 Rule 5 C.P.C. to strike of the decree of the petitioner. This application was heard ultimately on 30.4.1985. The defence was struck off and the learned Munsif proceeded to record the evidence and ultimately decreed the suit on 30.4.1985. The petitioner feeling aggrieved by the order went up in revision which was filed on 13.5.1985. This revision on transfer came up for hearing before with Additional District Judge, Sitapur. The learned Judge was pleased to dismiss the said revision on 19.2.1986. This is not this writ petition is before this Court. At the admission stage notice was accepted on behalf of opposite party No. 3 by Sri D.K. Tribedi who was allowed three days time to file counter affidavit and petitioner was allowed three days' time thereafter to file rejoinder affidavit and ultimately thereafter the petition was directed to be listed for disposal. The Court further ordered that till the next date of listing the impugned order will not be executed.
(3.) INSTEAD of passing the formal order of admission I proceeded to hear the learned counsel for the parties on merits as counter and rejoinder affidavit have been exchanged between the respective parties.;