JAGAT PRASAD Vs. DISTT JUDGE KANPUR

JUDGEMENT

(1.) After hearing Mr Bobde, learned counsel for the appellant for considerable time are fully convinced that the order passed by the learned District Judge and affirmed by the High court insofar as it struck off the defence under Order XV, Rule 5, Civil Procedure Code cannot be sustained. Nevertheless, the defence of the appellant that he had deposited bona fide the rent in the civil proceeding that would enure to the benefit of the rent control proceedings is unacceptable to us. Law prescribes the procedure as to the deposit under U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Such a procedure if complied with alone will be a valid defence to a petition for eviction on the ground of arrears of rent. Therefore, even accepting the defence the ultimate order of eviction passed against the tenant will have to be upheld. This means the order of eviction is sustained. Civil stands dismissed. No costs.

(2.) As regards time to vacate the premises, the tenant is granted time till 31/12/1994 by which time he will deliver vacant possession. However, this shall be subject to the filing of the usual undertaking within four weeks from today.