( 1 ) THIS is a revision application under Section 25 of the Provincial Small Causes Court Act which has been preferred against the order dated 19th December. 1997 passed by the IInd additional District Judge, Moradabad rejecting the defence of the defendant-revisionist under order XV, Rule 5, Civil Procedure Code.

( 2 ) HEARD Sri A. K. Tiwari, learned counsel for the defendant-revisionist and Sri K. K. Arora, learned counsel for the plaintiff-opposite parties.

( 3 ) THE plaintiff-opposite panties have instituted a S. C. C. Suit No. 1 of 1993 against the defendant-revisionist for his eviction from the disputed accommodation and for recovery of arrears of rent and mesne profit. Admittedly, the relationship of landlord and tenant exists between the parties and the defendant-revisionist was the tenant of the house at the monthly rent of Rs. 1. 400. The suit was contested by the defendant-revisionist and it is alleged that after the service of the Illegal notice, the defendant-revisionist besides sending the reply to the notice also remitted a sum of Rs. 4,200 as being rent due through cheque. In the written statement filed by the defendant-revisionist, he has. Inter ali