A.B. Srivastava

1. BY means of this writ petition under Article 226 of the Constitution the petitioner tenant has assailed an order dated 17-8-1992 of the J.S.C.C. Jhansi allowing an application under Order 15, Rule 5 CPC of the respondents no. 1 and 2, the landlords, and striking of the petitioner's defence, and an order dated 1-2-1994 of the District Judge, Jhansi confirming the same in revision.

2. THIS writ petition is being disposed of finally at the admission stage as requested by both the parties, the learned counsel for the caveator, respondents no. 1 and 2 stating that he; does not propose to file any counter affidavit in view of the relevant material of being available on record.

Learned counsel for both sidles have been heard.

3. THE SCC Suit for ejectment, arrears of rent from 1-2-1986 and damages was filed by the respondeat against the petitioner. THE petitioner deposited amount under section 20 (4) of the Act 13 of 1972 which he claimed to be the full amount required to be deposited by him. Besides, he also started depositing the monthly amount due in respect of the premises in question as required under Order 15, Rule 5 CPC On 20-11-1987 an application was mov