The court emphasized the discretionary nature of striking off a defense and the need to consider the facts and circumstances of each case before making a decision.

( 1 ) THESE two revisions have been filed against the impugned judgment and order dated 7-12-2001 passed by the Additional District Judge-II, Faizabad in S. C. C. Suit No. 3 of 2000, by which the application 13 (C-2) moved by the plaintiff, who is respondent in these revisions for striking off the defence of the revisionist under Order 15, Rule 5 has been allowed and the amendment application 17 (A), which was moved by the defendant revisionist for amendment in the written statement, has been rejected.

( 2 ) THE plaintiff respondent had filed a caveat on behalf of opposite party No. 1, therefore, Shri Vijay Bahadur Verma appeared for him.

( 3 ) I have heard the learned counsel for the revisionist defendant, Shri Hari Prakash Srivastava and for the respondent-plaintiff, Shri Vijay Bahadur Verma at quite length.

( 4 ) SINCE the order has been passed on the same date i. e. 7-12-2001 and one formal order has been prepared on these applications, therefore, these revisions are being decided by this common order.

( 5 ) THE brief facts of the case are that the respondent-plaintiff has filed a suit before the Judge, Small Causes Court for arrears of rent, damages and eviction of the revisionist defendant from the premises in question situate at National Highway Mohalla Amanigunj, district Faizabad. The revisionist defendant has filed a copy of the agreement between the parties according to which the premises in question was rent out for running the Educational Institution and the rent of the same was due. The monthly rent of the house was Rs. 10,000. 00. The premises in question was rent out on 22-3-1999 initially on an oral agreement which was later on written on 1-6-1999. The rent was to be paid on 16th day of each calendar month. There were other conditions also mentioned in the agreement but the same are not relevant for these revisions. This fact has been mentioned in the plaint that the rate of rent was 10,000/ -. The premises in question was rent out on 22-3-1999 orally and the written agreement was made latter on. It was also one of the conditions according to the plaint that in case of non-payment of rent 12% interest would also be liable to be paid by the defendant-revisionist. The notice was also sent to the tenant by the landlord -plaintiff on 7-12-1999 for payment of arrears of rent w. e. f. August 199 9/11/1999 alongwith the amount of interest on which the revisionist defendant had paid the rent but has not paid the amount of interest which was Rs. 1000. 00. Thereafter again when the amount of rent became due, another notice dated 3-6-2000 for recovery of arrears of rent w. e. f. February 2000 to May 2000 amounting to Rs. 40,000. 00 and Rs. 1000/- as interest thereon which was already due to be paid and also regarding termination of tenancy under S. 106 of the Transfer of Property Act, was also sent. After service of notice, the defendant-tenant paid the arrears of rent from February to April 2000 and for June 2000 and also Rs. 1400. 00 as interest, which was refused by the landlord-plaintiff under protest. A months rent was not paid by the tenant on the allegation that he would spend a months rent in white washing of the house but the tenant did not do so from june 199 9/05/2000. In the prayer only a months rent for the month of May 2000 i. e. 10,000/- and further damages for house and occupation at the rate of Rs. 10,000. 00 with 12% interest till the ejectment of the defendant-tenant along with the prayer for a decree of eviction, from the premises in question has been claimed.

( 6 ) IN the written statement it has been mentioned that the defendant had invested a months rent in new construction i. e. flush, toilet, safety tank, urinal and water tank have been constructed and pump has already been installed after getting the boring of the tubewell done and one room was also constructed, for which the defendant spent about 2. 5 Lacs and the rent for the month of May 2000 has been adjusted towards white