SANGEETA CHANDRA,J. - (1.) This petition has been filed challenging the order dated 22.09.2017 passed by the learned Judge Small Causes Court, Kanpur Nagar in SCC Suit No. 134 of 2016 (Ramesh Chandra Jaiswal and others v. Raj Kumar) and the order dated 07.02.2018 passed by the learned District Judge, Kanpur Nagar in SCC Revision No. 14 of 2018.
(2.) Learned counsel for the petitioner-tenant submits that respondent Nos. 1 to 5 are real brothers and co-owners and co-landlord of the petitioner of the premises in question. All the brothers had earlier filed a Rent Case No. 77 of 2016 praying for release of the property under section 21(1)(a) of the U.P. Act No. 13 of 1972. Later on respondent No. 1 on his own filed another Suit, namely, SCC Suit No. 134 of 2016 for eviction of the petitioner on grounds of arrears of rent. It was alleged that the petitioner had not paid rent from 06.01.2015. On the failure of the petitioner to appear, a direction was issued to proceed ex-parte on 17.11.2016. The tenant moved an application on 17.11.2016 filing vakalatnama and praying for a adjournment and for granting of more time to file his written statement. This application was allowed on 09.01.2017 and time was granted till 17.02.2017 to file his written statement. No written statement was filed on 17.02.2017 as directed by the Court. Another application was moved for adjournment on 27.02.2017. The learned Trial Court gave more time and directed the matter to be fixed for 06.05.2017. On 06.05.2017 also no written statement was filed. It is admitted by the tenant that written statement was eventually filed on 22.07.2017.
(3.) Before the written statement was filed on 22.07.2017, the respondent landlord had already moved an application under Order VIII Rule 10 Civil Procedure Code on 21.07.2017, which was eventually heard on 22.09.2017. The learned Trial Court has allowed the application for striking of defence of the defendant. The tenant therefore preferred SCC Revision No.14 of 2018. The said Revision has also been dismissed at the stage of admission by the learned District Judge, Kanpur Nagar by its order dated 07.02.2018.;