BIR SINGH NEGI (SH.) Vs. SMT. SHASHI THAPLIYAL

JUDGEMENT

(1.) - By the present revision the applicant has prayed for quashing the order dated 6.11.1998 by which the decree for eviction has been granted against the defendant applicant. Factual Aspect Of The Case

(2.) Briefly, stated a suit was filed by the plaintiff in respect of premises No. 21 Nagar Palika Pauri. The plaintiff has prayed for eviction of the defendant applicant on the ground of arrears of rent from May 1992 to 13th Dec., 1994. The plaintiff has stated that the defendant is a tenant at the rate of Rs. 600 per month and he has not paid the rent from May 1992 to Oct. 1994 and hence a notice was sent on 2nd July 1994 and 8th Nov. 1994, which was duly received on 14.11.1994. The plaintiff has also claimed the damages at the rate of Rs. 20 per month.

(3.) The defendant has filed his written statement. In Paragraph 2 it has been stated that he wanted to deposit the entire rent under Sub Clause 4 of Sec. 20 of the U.P. Act No. 13 of 1972 unconditionally. But at the same time he has stated that although the landlord is not entitled to get the said amount. The defendant has deposited a sum of Rs. 30233 by stating that the landlord is not entitled for the same.