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Judgment
L.N. Mittal, J.—In this revision petition filed by the plaintiff under Article 227 of the Constitution of India, challenge is to order dated 3.12.2004 Annexure P/3 passed by the trial court thereby allowing application Annexure P/1 filed by the defendant-respondent for leave to defend the suit which has been instituted by the petitioner against respondent under Order 37 of the Code of Civil Procedure. Case of the plaintiff is that defendant was tenant in the demised shop under the plaintiff and the shop was vacated on 23.10.2003 but the defendant has not paid rent since 1.11.2002 till 31.10.2003 amounting to Rs. 42,000/-. The plaintiff has claimed the said amount in the suit along with interest thereon.
Case of the defendant in his application Annexure P/1 is that he had paid rent upto 31.12.2002 and he vacated the shop on 31.12.2002 and therefore, he is not in arrears of rent. The defendant also pleaded to have paid Rs. 10,000/- to the plaintiff as security.
Plaintiff by filing reply Annexure P/2 controverted the averments made in the application.
Learned trial court vide order dated 3.12.2004 Annexure P/3 allowed the application of the defendant and granted leave to the defendant to defend the suit.
None is appearing for the parties inspite of pass over. I have, therefore, perused the case file.
There appears to be no perversity, illegality or jurisdictional error in impugned order of the trial court so as to warrant interference by this Court in exercise of power of superintendence under Article 227 of the Constitution of India. The defendant has been rightly granted leave to defend the suit because it is matter of evidence whether the defendant vacated the shop on 23/31.10.2003 or on 31.12.2002 or whether the defendant has already paid rent upto 31.12.2002. There appears to be not document regarding date of vacation of the shop by the defendant.
Accordingly, I find no merit in this revision petition which is, therefore, dismissed. Civil miscellaneous application, if any pending, is disposed of as having been rendered infructuous.