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1993 DIGILAW 281 (PAT)

Murari Prasad v. Shail Devi Athadhara

1993-07-15

B.N.AGRAWAL

body1993
Order : Heard the parties. This revision application has been filed against the impugned order by which the trial court has directed for Striking out the defence of the defendant against ejectment on the ground that he failed to deposit the rental for the month of September 1992. It appears that on 16.9.1992 direction was given to the tenant to deposit the arrears of rent within 15 days and go on depositing the current rental. Within time on 28.9.1992 a challan was presented for depositing a sum of Rs. 5148/- towards arrears of rent and it was mentioned ill the challan that the amount relates to the period between 12.4.1990 and 30.9.1992. Thereafter the rental for subsequent month was deposited within time. On 14.4.1993 it was pointed out on behalf of the plaintiff that rental for the month of September 1992 was not deposited which the petitioner was obliged to deposit by 15.10.1992. Thereafter the petitioner having realised his mistake deposited the said amount on 16.4.1993. It appears that on 28.9.1992 the petitioner was required to deposit rental up to August 1992, and not up to September 1992. The amount deposited covers rental up to 31.8.1992. Since in the challan it was mentioned that rental up to 30.9.1992 has been deposited the petitioner was misled and consequently, no rental was deposited for the month of September 1992 The mistake appears to be bona fide. It is well settled that in such cases the court is not powerless to condone the delay and extend the time. In my view, in the facts and circumstances of this case, the court below ought to have extended the time and was not justified in striking out the defence of the tenant against ejectment. Accordingly, the revision application is allowed, the impugned order is set aside and the petition for striking out the defence is hereby rejected. It is needless to say that the plaintiff will be entitled to withdraw the entire amount of rental deposited in the court below. Let the hearing of the suit be expedited. This revision application is thus disposed of. Application allowed.