Gopal Prasad Pandey vs VIth Additional District Judge,Varanasi

S.U. Khan, J.—S.C.C Suit No. 32 of 1992 filed by landlord/respondent against tenant/petitioner was decreed ex parte by J.S.C.C., Varanasi through judgment and decree dated 121994.Through the said judgment and decree the suit was decreed for eviction as well as for recovery of Rs. 10,800 as arrears of rent. Against the said judgment and decree a time barred revision was filed by tenant/petitioner being Civil Revision No. 306 of 1995 which was accompanied by an application under Section 5 Limitation Act for condonation of delay. VI Addl. District Judge, Varanasi through judgment and order dated 21121998 rejected the application for condonation of delay and dismissed the revision as barred by time, hence this writ petition.

Meanwhile petitioner/tenant also filed restoration application which was rejected for noncompliance of provision of Section 17 of P.S.C.C. Act and that matter has become final.

In my opinion, the revisional Court adopted a very strict approach in considering the question of condonation of delay. Revisional Court in the impugned order has mentioned that applicant could not explain as to what he did on each particular date. The exact words are, �It is not clear from the affidavit of the revisionist as to where and when he had gone in between 165 1995 to 2661995 and who were the person he met during that period and that on what date he met police station Head Officer.�

In my opinion while considering the delay condonation application such a strict approach is not warranted.

I, therefore, hold that petitioner had shown sufficient cause for condonation of delay.

However, petitioner even though a tenant has not paid nay rent since about 1984. However, suit had been decreed for the rent for the period starting from August, 1988.

Accordingly, writ petition is allowed. Impugned order passed by VI Addl. District Judge, Varanasi is set aside. Delay in filing the revision is condoned on payment of Rs. 500 as cost to be paid within three months.

For the period of three months from today, the petitioner shall not be evicted.

Petitioner is directed to deposit the entire decreetal amount of Rs. 10,800 and the amount of rent due from February 1992 all June 2004 at the rate of Rs. 300 per month before the J.S.C.C within three months from today. For the period of three months from today revision shall not be heard on merit. In case the amount as directed above is deposited within three months from today then the petitioner shall not be evicted for a further period of six months and the revision must also be decided on merit within the period of six months after the deposit of entire amount as directed above.

It is further directed that w.e.f. July, 2004 onwards petitioner shall deposit rent/damages for use and occupation before J.S.C.C. at the rate of Rs. 500 per month by 7th of each succeeding month.

In case of default in compliance with any of the above conditions the petitioner must be evicted through process of Court after three months.

It is made clear that if within three months from today, the amount is not deposited as directed above then this order shall stand automatically vacated and the order of the revisional Court dismissing the revision as barred by time dated 21121998 shall revive.

The amount deposited shall be permitted to be withdrawn by landlord/respondent.