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1991 Supreme(All) 384

M.L.BHAT
RAM CHANDRA – Appellant
Versus
IXTH ADDITIONAL DISTRICT JUDGE, VARANASI – Respondent


Advocates Appeared:
J.K.SRIVASTAVA, SOMESHVARI PRASAD

M. L. BHAT, J.

( 1 ) AN ex parte decree for ejectment came to be passed against the petitioner-tenant on 14-3-84 by the trial Court. On 3-7-84 the petitioner filed an application under O. 9, R. 13, C. P. C. for setting aside the ex parte decree dated 14-3-84. The application of the petitioner for setting aside the ex parte decree has been rejected by the Court below. The petitioner challenges the said order through the medium of this writ petition.

( 2 ) IT is averred by respondent No. 3 that the arrears of rent were claimed in the suit from 1-4-83 to 15-9-83 at the rate of Rs. 32/per month. The property seems to have been purchased by the respondent No. 3 on 30-3-83 Total rent from the date it fell due to the date of institution of the application under O. 9, R. 13, C. P. C. comes to Rs. 484. 00. The petitioner is said to have deposited Rs. 271. 00-only. The petitioner is said to have deposited Rs. 1,228. 00 under S. 30 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as Act No. 13 of 1972. The said proceedings are pending between the erstwhile owner of the property and the petitioner. Respondent No. 3 is not party to those












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