JUDGEMENT
N.N.Sharma, J. -
(1.)THIS is a tenant's revision directed against the order dated 4.7.1984 recorded by learned IX Additional District Judge, Moradabad in Suit No. 27 of 1983, by which defence of applicant -revisionist was struck off under Order XV, Rule 5 of the Code of Civil Procedure. Plaintiff -opposite party filed a suit for recovery of arrears of rent and ejectment against the revisionist. Rate of rent was alleged as Rs. 850/ - per month. The suit was filed on 19.7.1983. Defendant disputed the rate of rent in his written statement dated 2.3.1984. He pleaded payment of rent at the rate of Rs. 500/ - per month wiping out of the liability of rent upto 14.5.1985 vide receipt executed by landlady for a sum of Rs. 20,000/ -. This is Annexure -IV, to the affidavit of revisionist dated 20.8.1984. Pending this suit No. 22 of 1983 in the Court of J.S.C.C., Moradabad an application paper No. 19C was moved by plaintiff to strike off the defence under Order XV, Rule -5 of the Code of Civil Procedure as monthly rent had not been paid alongwith compensation, etc. within a week of its accrual.
(2.)DEFENDANT -revisionist filed an objection paper No. 21 -C. Learned trial Judge found that the defendant was bound to deposit the monthly rent as and when it fell due irrespective of their admission about the liability. In the result the defence was struck off on 4.7.1984.
I have heard learned Advocates for the parties and perused the record.
(3.)ON behalf of the revisionist it was argued before me that the receipt filed in defence for a sum of Rs. 20,000/ - was not held as bogus by learned trial Judge. He did not consider this plea of the tenant and ruled out his defence illegally.
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