VARUN KUMAR GUPTA Vs. OM PRAKASH

JUDGEMENT

(1.) This is a landlord's revision having failed before the Judge, Small Cause Court. A suit for arrears of rent and for eviction of the tenant was filed on the ground of non-deposit of the rent under Section 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred as the Act of 1972). The Judge, Small Cause Court issued summons fixing 21st March, 2007 for the final hearing of the suit. On the said date, the opposite party entered appearance and unconditionally deposited a sum of Rs. 50,000/- towards the arrears of rent, etc., which was allowed by the court below and 25th April, 2007 was fixed for filing the written statements and/or for final hearing of the suit. The ordersheet indicates that the matter was adjourned and 16 the May, 2007 was fixed for filing the written statements and/or for final hearing of the suit. On 16th May, 2007, the tenant opposite party deposited a further sum of Rs. 6,000/- towards the arrears of rent, which was also accepted by the court below. It has also come on record that the written statement was eventually filed on 30th May, 2007.

(2.) The trial court, after considering all aspects of the matter, held that the tenant was in arrears of rent and therefore the landlord had a cause to file a suit for eviction. The Judge, Small Cause Court further found that the tenant had deposited the entire arrears of rent unconditionally on or before the first date of hearing and therefore, gave the benefit of Section 20 Sub-clause (4) of the Act of 1972 and consequently dismissed the suit of the landlord. The landlord, being aggrieved, has filed the present revision under Section 25 of the Provincial Small Cause Courts Act, 1887.

(3.) Heard Sri Atul Bansal, the learned Counsel for the revisionist and Sri Vipul Sharma, the learned Counsel for the opposite party.