( 2 ) SCC Suit No. 8 of 2003 was filed by the plaintiff-landlord with the allegation that the defendant was a tenant of the shop in dispute on a monthly rent of Rs. 13. 75 since the time of late Narsingh Das Agrawal, husband of plaintiff No. 1 and father of plaintiffs Nos. 2 to 7; that the defendant did not pay the rent as a result of which a registered notice dated 13th May, 2003 was sent to the tenant for determination of the tenancy and for making payment of arrears of rent but the defendant tenant did not vacate the premises and nor did he make the payment of arrears of rent despite service of the said notice.

( 3 ) A written statement was filed in which it was stated that the rent was being deposited under section 30 (1) of the U. P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the act) since the time of the original landlord and the said application was registered as misc. Case No. 70 of 1995.

( 4 ) DURING the pendency of the aforesaid suit, the plaintiffs filed an application under order XV, Rule 5 CPC for striking off the defence since the deposit as contemplated under Order XV, Rule 5 CPC had not been made by the defendan

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