Dilip Gupta, J. - (1.) The landlords have filed this petition for setting aside the order dated 20th February, 2008 by which the application filed by the tenants for producing additional evidence under Order 41, Rule 27 of the Code of Civil Procedure (hereinafter referred to as the CPC) in the pending Revision filed by the tenants under Section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the Act) was allowed.
(2.) The records of the writ petition indicate that SCC Suit No. 625 of 1971 was filed by the landlord on 24th April, 1971 for eviction of the tenants from the accommodation in dispute as well as for recovery of arrears of rent and damages. In the Written Statement, the tenants stated that certain amount had been deposited under Section 7 (C) of U.P. Act No. 13 of 1947 in Misc. Case No. 48 of 1967 and Misc. Case No. 275 of 1970.
(3.) The Judge, Small Cause Courts by the judgment and order dated 31st July, 2007 decreed the Suit holding that where was default in payment of rent and the tenants had also caused material alteration by which the value and utility of the accommodation in dispute had been diminished. A categorical finding was recorded by the Judge, Small Cause Court that though the tenant had come out with a case that certain amount had been sent by Money-Orders to the landlord on 15th June, 1970, 29th July, 1970 and 17th September, 1970 but he did not file any evidence to show that the said Money-Orders were refused by the landlords and he had deposited the amount and, therefore, he could not get the benefit.;