JUDGMENT Hon’ble Rajesh Tandon, J. Heard Sri Sarvesh Agarwal, counsel for the revisionist and Sri J.C. Belwal, counsel for the respondent No. 1. 2. By the present revision filed under Section 115 of the Code of Civil Procedure, applicant has challenged the order passed by the Judge Small Cause Courts/Civil Judge (Junior Division), Ramnagar, by which the application filed by the applicant under Order 15 Rule 5 of the Code of Civil Procedure has been rejected. 3. Briefly stated, a suit was filed by the plaintiff/applicant praying for a decree of eviction of the defendant from the accommodation mentioned in Schedule-A as well as for actual possession of the property. Further relief has been claimed with regard to the decree for recovery of the accrued rent and damages to the extent of Rs. 166/- and damages and pendentelite at the rate of Rs. 5/- per day. 4. According to the plaint averments, the plaintiff is the Public Charitable Trust and the property belong to the Trust. A notice under Section 106 of the Transfer of Property Act was sent to the defendant terminating his tenancy on 27.05.2003 and the notice having been served but the defendant has failed to vacate the premises inspite of the notice and is still in illegal possession. 5. A written statement was filed on behalf of the defendant stating therein that the plaintiff is not a Public Charitable Trust. Paragraph 2 of the plaint is quoted below : “2. That the plaintiff trust owns a premises situated at Kosi Road, Ramnagar, District Nainital and in a portion of this premises defendant was a tenant at the rate of Rs. 95/- per month as rent. The detail description along with the boundaries of that portion is being given in the relief portion of this plaint a Schedule ‘A’.” 6. In reply to the aforesaid paragraph the defendant has admitted that he is the tenant of the premises. Relevant reply of paragraph 2 is quoted below : “2. That para No. 2 of the plaint is admitted only to the extent that the defendant is the tenant in the premises in suit. Rest of the para is not admitted and denied. Full facts have been narrated in the additional pleas.” 7. However, the defendant has further taken the plea that the tenancy is annual. 8. During the pendency of the case. Rest of the para is not admitted and denied. Full facts have been narrated in the additional pleas.” 7. However, the defendant has further taken the plea that the tenancy is annual. 8. During the pendency of the case. The plaintiff has filed an application under Order 15 Rule 5 of the Code of Civil Procedure stating therein that the admitted rent has not been deposited by the defendant and as such the defence may be struck off. 9. On the said application, objection was filed on behalf of the defendant on 22.07.2004 stating that he wants to deposit the rent. The application under Order 15 Rule 5 of the Code of Civil Procedure was considered by the Presiding Officer and has recorded a finding that the defendant is not admitting the Trust as a landlord and owner of the premises and he is sending the rent to Sri Ashok Kumar S/o Sri Virendra Kumar. 10. Looking to the pleadings of the parties, the defendant in his written statement has not disputed that the he is a tenant of the premises and as such the findings recorded by the trial Court so far as rejecting the application filed under Order 15 Rule 5 of the Code of Civil Procedure was justified. 11. The findings, therefore, recorded by the trial Court while rejecting the application filed under Order 15 Rule 5 of the Code of Civil Procedure is liable to be set aside. The matter is sent back to the court below for deciding the case in accordance with law. 12. Sri J.C. Belwal has very fairly stated that he is ready to pay the entire amount due against him. In case the amount is deposited by the defendant within a period of two months from the date of presentation of the certified copy of the order, the same shall be deposited in the Bank where the interest can be accrued in favour of such deposit and the plaintiff will be entitled to withdraw the same after the disposal of the case itself. 13. The Judge Small Cause Courts shall decide the suit within a period of six months from the date of filing of the certified copy of the order. 13. The Judge Small Cause Courts shall decide the suit within a period of six months from the date of filing of the certified copy of the order. However, an issue shall be framed on the basis of the pleadings of the parties and the trial Court/Judge Small Cause Court shall decide the issues irrespective of the observations made while deciding the application under Order 15 Rule 5 of the Code of Civil Procedure as well by this Court. 14. At the time of deciding the suit, the Judge Small Cause Courts shall also dispose of all the applications, which have been filed by the defendant and are pending. 15. Revision is allowed. No order as to costs.