- (1.) RAKESH Tiwari, J. The case is listed peremptorily today.
(2.) ON 12-1-2007 when the case was taken up on the request of the Counsel for the respondents, the office was directed to list the matter in the next cause list peremptorily. Thereafter it was listed on 22-1- 2007. ON that date, the case was passed over on the request of the Counsel, for the respondents and It was directed to he listed in the next cause as, peremptorily. When the case is taken up today, the Counsel for the respondents is not present even in the revised list. Heard learned Counsel for the petitioners and perused. the record. The petitioners have prayed for a writ of certiorari quashing the impugned orders dated 17-10-2006 and 20-9-2006 passed by the District Judge, Muzaffarnagar and the Civil Judge (Senior Division), Kairana Muzaffarnagar respectively besides a writ of mandamus for striking off the defence of the respondent for non-payment of rent by him for four months, i. e. , January 2005 to April 2005. Respondent no. 1 is the tenant of the disputed shop. owned by the petitioners. It is alleged that the respondent has not deposited rent for four months from January 2005 to April 2005. as such the petitioners sent a notice dated 24-4-2002 in this regard to the respondent followed by another notice dated 26-4- 2002. The petitioners filed S. C. C. Suit No. 12 of 2002 on 23-7- 2002 before the Judge Small Cause Court/civil Judge (Senior Division), Kairana, District Muzaffarnagar against the respondent for having not paid the rent for the aforesaid period.
(3.) THE respondent filed his written statement denying the plaint allegations on 22-10-2002 and also filed an application-dated 10- 5-2005 (56-C) to allow him to deposit the rent of the aforesaid four months. The petitioner filed objection dated 25-7-2006 to the application of the respondent dated 10-5-2005 to deposit the defaulted rent. The petitioners also filed an application (66-C) on 25-7-2006 under Order XV Rule 5 read with Section 151 C. P. C. for striking off the defence of the respondent who replied the same vide his objection dated 1-8-2006.;