SOM PRAKASH Vs. DISTRICT JUDGE, DEHRADUN

JUDGEMENT

(1.) TENANT petitioner has preferred present writ petition assailing the judgment and order dated 22.02.2006, passed by the Judge, Small Causes Courts, Dehradun, whereby SCC Suit No. 8 of 1991, Smt. Prakash Kaur vs. Sri Som Prakash, was decreed in favour of the landlord, directing the tenant petitioner to hand over peaceful and vacant possession to the landlord within 30 days as well as against the judgment and decree dated 18.07.2006, passed by the District Judge/ Revisional Court, Dehradun, whereby SCC Revision No. 8 of 2006 filed under Section 25 of Provincial Small Causes Courts Act, was dismissed, upholding the judgment and decree dated 22.02.2006, passed by JCC/Trial Court.

(2.) MR . Pawan Mishra, learned counsel for the tenant petitioner submitted that since landlord has claimed rent from 10.02.1988 to 10.10.1990 amounting Rs. 1602.67 and water tax thereon amounting Rs. 268.67, therefore, under sub -Section 4 of Section 20 of the U.P. Act, 1972, tenant was supposed to deposit amount claimed in the plaint on the first date of hearing since tenant has deposited Rs. 5000/ -, therefore, no decree for eviction ought to have been passed against the petitioner in view of sub -Section 4 of Section 20 of the U.P. Act, 1972.

(3.) MR . Pawan Mishra, learned counsel for the petitioner has not raised any other point.