V.K.Mehrotra, J. - (1.) This is a revision under Section 115, C. P. C. by Murari Lal who is tenant of premises No. 28/37. Kashmiri Bazar, Agra.
(2.) On March 28, 1972, the landlords who are opposite parties before me filed an application under Sec. 7-B of U. P. Act No. III of 1947. A notice issued by the Munsif before whom the said application was moved was served on the applicant on Sept. 29, 1972. This notice required the applicant to deposit the amount claimed by the landlord as rent in arrears within a period of 15 days of the service of notice. It did not call upon the applicant to show cause within the said period of 15 days as to why an order directing him to be evicted from the accommodation be not passed against him.
(3.) On Oct. 28, 1972, the applicant filed an objection and simultaneously furnished security for the sum of Rs. 200/ - which he was required to deposit by the notice aforesaid. This security was verified the same day before the court. Notwithstanding the filing of the objection and the security as aforesaid, the Munsif passed an order on Nov. 11, 1972 directing the ejectment of the applicant from the premises in question. In doing so, the learned Munsif upheld the objection taken on behalf of the landlords that the security not having been furnished within a period of 15 days of the date of service of notice upon the applicant, could not be treated to have been validly so furnished and on that account the objection could not be entertained. The applicant challenged the order in a revision under Section 115, C. P. C. before the District Judge, Agra who, however, refused to interfere with it on his view that the security had to be furnished within 15 days as held by the Munsif. Hence, the present revision.;