SANGEETA CHANDRA,J. - (1.) This petition has been filed challenging the order dated 22.2.2018 passed by the learned Additional District Judge, Court No. 7, Varanasi in SCC Case No. 32 of 2015 (Mangla Devi v. Habiburrehman) and for a direction to allow the application of the petitioners filed under Order 15, Rule 5 Civil Procedure Code marked as paper no. 45-Ga.
(2.) Learned counsel for the petitioner/landlord submits that he is the owner of house no. 35/147 situated at Mohalla Nakkhi Ghat, Pargana Dehat Amanat, Tehsil and District Varanasi. The respondent no. 1 had initially been inducted as a tenant in a room of 60 x 10 feet and a hall of 26 x 26 feet situated towards Eastern and Northern part of the house. It was given on rent of Rs. 8,000/- per month for being used as a Saree manufacturing workshop. The respondent no. 1 made payment of rent till March 2014 and thereafter stopped to make payment of rent and also illegally and unauthorisedly made encroachment over additional part of the petitioner's property, breaking down the western wall of the hall.
(3.) A legal notice was given by the landlord and thereafter a Suit for recovery of arrears of rent and for eviction of the tenant was filed registered as SCC Case No. 32 of 2015. After substituted service through publication was found sufficient on 8.2.2016, the respondent appeared on 21.4.2016 and filed his counsel's Vakalatnama and also stated before the learned Trial Court that the written statement was ready and prayed for some time to also file an application for deposit of rent before the Trial Court. However, no such deposit was made, nor written statement was filed. On 31.5.2016, the learned Trial Court observed that since no written statement was filed, the Suit shall proceed ex-parte against the respondent/tenant;