OM RASTOGI Vs. SHAYAM MANOHAR DHARMARTH

JUDGEMENT

(1.) The plaintiff/respondent instituted SCC Suit No.9 of 1980 for arrears of rent and eviction against the defendant/revisionist.

(2.) It was alleged that the rent of the premises in dispute was Rs. 60.00 per month plus water tax at the rate of Rs. 6/- per month. The defendant/revisionist had defaulted in its payment. His tenancy had been determined vide notice dated 13.3.1989 purported to be issued under Sec. 106 of the T.P.Act. It was also contended that on application under Sec. 9-A of the U.P. Act No.13 of 1972 the Rent Control and Eviction Officer vide order dated 10.12.1979 enhanced the rent to Rs. 132.00 per month w.e.f. 1.12.1977.

(3.) The suit was contested by the defendant/revisionist denying any default on his part. The rent of the premises was said to be Rs. 66/-. The order of enhancement was said to have been stayed by the High Court in a writ petition which ultimately was decided on 25.10.1983 fixing rent of Rs. 120.00 per month excluding the water tax under Sec. 7 of the Act. The entire amount of arrears of rent, interest etc. was deposited by defendant/revisionist on 26.11.1980, before the date of first hearing and, as such, he is entitled to protection under Sec. 20(4) of the Act.