K. N. SETH, J.:-The appellant Ladly Prasad filed a suit in the court of the Munsif, Ghaziabad, for eviction of the defendants from the premises in dispute and for recovery of arrears of rent and damages for use and occupation alleging that the defendants were tenants at a monthly rent of Rs. 150/- and their tenancy had been terminated by a notice under Section 106 of the Transfer of Property Act. The suit was contested by the defendants, inter alia, on the grounds that the notice terminating the tenancy was illegal and the tenancy had not been terminated in law and no rent was due. Necessary issues were framed in the suit.

2. During the pendeency of the suit Rule 5 was added to Order XV of the Code of Civil Procedure by the Uttar Pradesh Civil Laws Amendment Act, 1972 (U. P. Act No. 37 of 1972). The plaintiff made an application praying that the defence be struck off and an ex parte decree be passed against the defendants as they had failed to deposit the arrears of rent and damages as required under Order XV, Rule 5, Civil Procedure Code. The application was contested on the ground that Rule 5 was not attracted as the lease had not been validly determined and no arrears of