RAM SEWAK Vs. MUNNA LAL

JUDGEMENT

(1.) THE question which has come up for consideration in this appeal from a judgment of the Allahabad High Court is whether the deposit of rent by a tenant under S. 7-C of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter called the 'Act') as such entitles him to resist successfully eviction under the provisions of the Act on the ground of default in payment of rent.

(2.) THE appellant, Ram Sewak, was a tenant of the respondent, Munna Lal, in respect of a shop on a rent of Rs. 25.00 per month. THE rent up to 30-11-66 had been paid by the tenant. THE landlord, however, claimed that the rent for the period from 1-12-1966 till 28-2-1971, less an amount of Rs. 275.00, which had been received by him by way of money order, was due from the appellant tenant. This remained unpaid despite notices of demand dt. 22-3-71 and 12-4-1971, and a notice of termination of the tenancy dt. 27-4-1971. On these allegations, the landlord instituted a suit for ejectment of the tenant on the ground of non-payment of rent. He also claimed the recovery of arrears of rent, mesne profits and certain taxes, which were alleged to be payable by the tenant. This suit was decreed by the learned Munsif, Jhansi. A first appeal was unsuccessful insofar as the decree related to the eviction of the petitioner was concerned but the claim for arrears of rent was rejected in part on the ground of limitation. A second appeal was also dismissed by the High Court and hence the present appeal.

(3.) PRIMA facie, the arguments of the appellant appear to have some force. However, after hearing learned Counsel for the respondent and considering the facts of this case and the relevant statutory provisions, we have come to the conclusion that this appeal must fail both on technicalities as well as on equities.