BAL MUKUND Vs. VII ADDL DISTT JUDGE MEERUT

JUDGEMENT

(1.) R. H. Zaidi, J. Heard learned Coun sel for the petitioner. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and decree dated 17-9-1983 whereby the suit filed by the contesting respondent was decreed by the trial Court and the judgment and order dated 13-7-1984 whereby the revision filed by the petitioner against the judgment and decree passed by the trial Court was dis missed by the Court below.

(2.) IT appears that the respondent No. 3 filed a suit for ejectment and recovery of rent against the petitioner on the ground of default. IT was pleaded that inspite of service of notice, petitioner failed to pay the rent within the time prescribed under the law. He, therefore, committed default in payment of rent and was liable to be ejected from the building in question. The suit was contested and opposed by the petitioner who, in brief, contended that the rent of the building in question was deposited under Section 30 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972), (for short the. Act), in the Munsif's Court and that he was not a defaulter within the meaning of the term used under the Act, therefore, he was not liable to be ejected from the building in question.

(3.) 1 have considered the submissions made by learned Counsel for the petitioner and also perused the record.