ISRAR AHMAD Vs. HAJI SHAFIQ AHMAD

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and perused the record. This petition by the tenant is directed against concurrent judgments dated 22.9.2008 and 16.7.2010 by which a suit for eviction and arrears of rent of the respondent landlord has been decreed by both the Courts below.

(2.) It appears that the respondent landlord instituted a Small Causes Suit No. 77 of 2003 against the petitioner inter alia with the allegation that he was a tenant of the disputed premises at Rs. 110/- per month but, despite notice he defaulted in payment of rent w.e.f. August 1998 thereafter he sent a notice of demand and determined the tenancy vide notice dated 19.5.2003 but as there was some calculation mistake, he sent another notice dated 19/30.7.2003 demanding arrears of rent from 1.10.2000 to 31.8.2003 but neither the rent was paid nor the premises vacated forcing him to file the suit.

(3.) The suit was contested by the petitioner admitting his tenancy at the rate of Rs. 110/- per month. It was further alleged that though rent for March, 1998 was given to the landlord, he did not issue any receipt but on the contrary he got a notice of demand dated 28.7.1999 issued through his lawyer. It was further alleged that he had sent rent for until August, 1998 which was received by him and thereafter the rent of September, 1998 to February, 1999 sent by money order was received and so also the rent of March, 1999 to June, 1999 but the same was refused. However, he again sent rent for March, 1999 to October, 1999 which was also refused forcing him to deposit the rent under section 30 of U.P. Act No. 13 of 1972 where he has deposited the amounts.