Hon’ble Anil Kumar, J.—Matter is taken in the revised cause list.

2. None present on behalf of the respondents.

3. Heard Sri U.S. Sahai, counsel for the petitioner.

4. Facts in brief are that landlord/respondents filed a suit under the provisions of Provincial Small Causes Courts Act, 1884, registered as SCC Suit No. 7 of 1989 for arrear of rent, ejectment in respect to the residential premises situated at Mohalla Ayodhya Nagar, Shahar Nawabganj, District Barabanki under the tenancy of the petitioner.

5. On 10.11.1993, an application under Order 15 Rule 5 has been moved on behalf of the respondents/landlord, (application No. Ga-49) allowed vide order dated 21.1.1994 (Annexure-6), therefore a revision (SCC Revision No. 6 of 1994 Ram Chandra Srivastava v. Rameshwar and others), has been filed dismissed by order dated 4.9.1998.

6. Further while dismissing the revision a categorical finding was recorded that petitioner is a tenant in the premises. So, the provisions of Order 15 Rule 5 CPC are applicable and he did not deposit the entire amount on the first date of hearing. On the basis of the said fact recorded the revisional Court on the basis of material on record held that o