Bhagwati Prasad, J. - (1.) Both these revision petitions involve dispute in relation to striking out of the defence of the tenant M/s. Laxmi Tara Calenders, who is the tenant in one revision petition of Smt. Shanti Devi Borana and in another revision petition of Paru Lal. Both these revision petitions have identical facts and, therefore, they are decided by this common order.
(2.) The tenant M/s. Laxmi Tara Calenders was proceeded against by its aforesaid landlords for seeking a decree of ejectment against it. While the suit was pending the rent was determined on 13.12.1989, the rent was paid on the date of determination itself and subsequently the rent continued to be paid regularly. However, the rent for the months of January, February and March, 1993 was deposited on 26.4.1993. Therefore, there was more than two months delay in the deposit of the rent for the month of January, 1993, more than one month's delay in the deposit of rent for the month of February, 1993 and more than 11 days delay in the deposit of rent for the month of March, 1993.
(3.) Learned counsel for the petitioner has urged that it is not a case of wilful or contumacious conduct in delaying the payment of rent on the part of the petitioner. The delay is only technical. Before the application for striking out of the defence of the defendant tenant was filed on 28.7.1993, the rent had already been deposited i.e. on 26.4.1993.;