MAN SINGH Vs. SHAMIM AHMAD (DEAD)

JUDGEMENT

(1.) This is a tenant's appeal, arising out of rent and eviction proceedings from a Small Causes Court. The landlord's suit for eviction was allowed and the tenant's J.S.C.C. Revision and Writ Petition respectively have been dismissed. Leave was granted by this Court on 11/2/2015 and the impugned order was stayed, subject to certain conditions.

(2.) The premises in question is a shop situated in Kotla, Gangoh-Town, Nukur-Tehsil, District-Saharanpur, Uttar Pradesh (hereinafter referred to 'premises') which was given on rent to the present appellant on 6/1/1982 on a monthly rent of Rs.165.00 per month. Later, the rent was increased to Rs.195.00 p.m. and then from 1/1/1990 onwards to Rs.250.00 p.m. This is the admitted position. We must, however, record here that the landlord's claim of the rent being further increased up to Rs.300.00 per month was denied by the tenant though the Trial Court and the Revisional Court have given their findings on the enhanced rent, in favour of the landlord.

(3.) The appellant's case is that he was a tenant in the shop, on a monthly rent of Rs.250.00 per month. In June, 1993, the landlord refused to accept the rent which was then paid by the tenant through money order which was returned with an endorsement of refusal. Under these circumstances when the rent was being refused by the landlord, the tenant started depositing the rent in the Court of Civil Judge (Junior Division) (hereafter referred to as 'Court'). An amount of Rs.750.00 which at the rate of Rs.250.00 per month was the rent for May, June and July which was thus deposited, and continued to be deposited in the Court, by the tenant.