Hon’ble Suneet Kumar, J.—Heard learned counsel for the parties.

2. On the request of the learned counsel for the parties, the petition is being decided at the admission stage without calling for counter-affidavit.

3. The tenant/applicant has approached the Court assailing order dated 22 September 2015 passed by the revisional Court/Additional District Judge, Court No. 12, Allahabad in Civil Revision No. 101 of 2012 (Kedar Nath and others v. Waqf Sheikh Abdulla and others) arising from order dated 31 January 2012 passed by the Judge Small Causes Court, Allahabad in Original Suit No. 22 of 1999, whereby, the application under Order XV Rule 5 C.P.C. filed by the first respondent has been allowed.

4. The premises No. 205/46, Minhajpur, Dr. Katju Road, Allahabad belongs to the frist respondent, a suit for eviction, arrears of rent and damages was instituted. During the pendency of the suit, an application under Order XV Rule 5 C.P.C. was filed with the allegation that the suit is of 1999 but no amount was deposited on the first date of hearing nor regular deposit was made, thereafter. The applicant contested stating that the entire amount was deposited on the first date of heari