KRISHNA KUMAR GUPTA Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is an appeal against the decision of the High Court of Allahabad filed by the tenant refusing him the benefit of the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. In the facts and circumstances of the case and on the ground of delay in depositing the deficiency in costs and the charges under Section 39 of the said Act the amount alleged to be deficient was Rs. 769/- and the High Court on that ground sustained the eviction. Having considered the facts and circumstances of this case we are of the opinion that in the interests of justice this order cannot be allowed to stand. The appellant if otherwise is entitled to should be given the protection even if there was some delay in depositing the amount as mentioned hereinbefore. In that view of the matter we set aside the order of the High Court. We direct, however, that in the interest of justice the appellant shall pay the costs of this appeal assessed at Rs. 1,500/- and shall also pay increased rent or occupation charges at the rate of Rs. 250/- per month from 1st September, 1987, to be payable by the 10th October, onwards. This order is without prejudice to the right and contentions of the parties. The appeal is disposed of accordingly.