O.P.Garg, J. - (1.) This is a revision application under Section 25 of the Provincial Small Causes Court Act which has been preferred against the order dated 19th December. 1997 passed by the IInd Additional District Judge, Moradabad rejecting the defence of the defendant-revisionist under Order XV, Rule 5, Civil Procedure Code.
(2.) Heard Sri A. K. Tiwari, learned counsel for the defendant-revisionist and Sri K. K. Arora, learned counsel for the plaintiff-opposite parties.
(3.) The plaintiff-opposite panties have instituted a S.C.C. Suit No. 1 of 1993 against the defendant-revisionist for his eviction from the disputed accommodation and for recovery of arrears of rent and mesne profit. Admittedly, the relationship of landlord and tenant exists between the parties and the defendant-revisionist was the tenant of the house at the monthly rent of Rs. 1.400. The suit was contested by the defendant-revisionist and it is alleged that after the service of the Illegal notice, the defendant-revisionist besides sending the reply to the notice also remitted a sum of Rs. 4,200 as being rent due through cheque. In the written statement filed by the defendant-revisionist, he has. Inter alia, denied his liability to pay the rent and also alleged that no rent was due as he has deposited a sum of Rs . 1,400 towards the rent even for that period for which no rent was due and with interest in compliance of the provisions of Order XV, Rule 5. C.P.C. According to the defendant-re vision 1st the rent for the period 15.1,1997 to 24.2.1997 could not be deposited even though the defendant-revisionist has paid the money to his counsel and his clerk regularly for depositing the same in the Court. According to the defendant-revision 1st, he filed an application on 26.11.1997 with a tender seeking to deposit the rent but the office gave a wrong report. He further filed his representation/application dated 5.12.97 with an affidavit praying for condonation of delay in deposit the rent which has fallen due.;