S.U. Khan, J. - (1.) HEARD learned Counsel for the parties.
(2.) IN this case on 9.4.2009 following order was passed:- "Counter and rejoinder affidavit on delay condonation application have been exchanged. The Court inquired from the learned Counsel for both the parties that in case after hearing both of them delay is condoned, whether the learned Counsel for both the parties would be ready for final hearing at once. Learned Counsel for both the parties expressed their readiness for final hearing of the revision forthwith in case delay was con doned. After hearing learned Counsel for both the parties delay of about a month in filing revision is condoned on payment of Rs. 5, 000/- as cost which shall be' paid to the learned Counsel for the respondent by tomorrow 10.00 a.m. Put up tomorrow for final hearing." Thereafter, on 10.4.2009, cost was paid and arguments on merit were heard. The tenant's revision under section 25, Provincial Small Causes Courts Act is directed against order dated 20.11.2008 passed by Court be low/J.S.C.C./A.D.J.-II, Kanpur Nagar in S.C.C. Suit No. 51 of 2007, which has been filed by the landlord respondent No. 1 against tenant-applicant and pro-forma respondents No. 2 and 3.
(3.) THROUGH impugned order defence of the tenant has been struck off under Order XV, Rule 5, C.P.C. and written statement, which had already been filed, was cancelled. Defendant-tenant had deposited Rs. 17, 450/- on 29.4.2008/2.5.2008 (Rate of rent according to the defendant is Rs. 100.30/- per month). Thereafter, rent for May to August, 2008 was deposited on 21st July, 2008 and thereafter rent from September to December, 2008 was deposited on 3rd November, 2008.;