Judgment :

The landlady is appellant in this case. She filed a suit for eviction of the respondent in the Court of the Civil Judge, Bareilly on the ground that the respondent tenant had defaulted in payment of the rent.

The suit was dismissed by the Civil Judge on the ground that certain amounts had been deposited up to January 1979. The learned Third Additional District Judge, Bareilly set aside the order of the trial court and remanded the matter for fresh disposal. Again the tenant defaulted in payment of the monthly instalments as required by Order 15 Rule 5 CPC as amended in Uttar Pradesh.

The appellant moved an application for striking off the defence of the tenant on the ground that he had not deposited the admitted rent and that the rent paid was also insufficient. It may be mentioned that at one stage the appellant claimed rent payable as Rs.100 per month. The tenant was contending that the rent payable was Rs.60 per month and that another sum of Rs.12 is payable towards water and house tax making total of Rs.72.

The Civil Judge by his order dated 7-3-1981 held that there was a default in depositing of the rent for the months of August, September, October, November and Dec