GOPAL SHUKLA Vs. VTH ADDITIONAL DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, who is tenant of the disputed shop, for quashing the orders passed by the Vth Additional District Judge, Deoria and Judge Small Causes Court (Civil Judge). Deoria, respondent Nos. 1 and 2 respectively.

(2.) The brief facts, as stated in the writ petition, are that the petitioner was the tenant of the premises in question, which are two in number. The rent of the first was Rs. 90 per month and for the second. It was Rs. 20 per month. A suit was filed by the respondent Nos. 3 and 4, who are the husband and wife for the ejectment of the petitioner from the said premises on the ground that the petitioner had not paid the rent since 1979.

(3.) The petitioner contested the suit and filed his written statement and alleged that there was no rent due against him rather he had deposited the rent which was more than the amount claimed in tire Court. The further plea of the petitioner was that the building was constructed in the year 1969, as such, the provisions of U. P. Act No. XIII of 1972 (hereinafter referred to as the Act) are applicable. The petitioner has also claimed that the protection of the provisions of Section 20 (4) of the Act as he had deposited the entire rent along with interest and counsel fee in the Court.