RAM KISHORE Vs. JAMIL AHMAD

JUDGEMENT

(1.) Heard Sri Bireshwar Nath, learned Counsel for the revisionist and Sri B.R. Singh, learned Counsel for the respondent. The instant revision under section 25 of Provincial Small Causes Courts Act has been filed against the judgment and decree dated 5.3.1997 passed by IV Additional District Judge/Judge Small Causes in SCC Suit No. 7 of 1989, Ram Kishore v. Jamil Ahmad, dismissing the said suit.

(2.) Sri Bireshwar Nath, learned Counsel for the revisionist submits that revisionist-landlord filed a suit for ejectment and for payment of arrears of rent at the rate of Rs. 250/- per month against respondent-tenant under Act No. XIII of 1972, which was numbered as SCC Suit No. 7 of 1989, in which notice was issued.? In reply thereof, the respondent-tenant has put in appearance and filed his written statement, wherein it has been stated that the rent of the shop in question was Rs. 100/- per month only. The Court below, vide order dated 5.3.1997, while dismissing the suit, has recorded a finding of facts that respondent-tenant was not defaulter and as such, he cannot be ejected from his shop in question? Feeling aggrieved, the revisionist-landlord filed the instant revision inter alia on the grounds that as per section 20 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, there is mandatory provision that the arrears of rent etc. should be deposited on the first date of hearing and the rent claimed by the plaintiff was Rs. 250/- per month, whereas the same was deposited at the rate of Rs. 100/- by the respondent-tenant.

(3.) In view of the above, with the consent of learned Counsel for the parties, the order dated 5.3.1997 is hereby set-aside. It is provided that the respondent-tenant shall pay the rent of the shop in question at the rate of Rs. 250/- to the revisionist-landlord, after excluding the rent, which has already been paid, from the date of institution of SCC Suit No. 7 of 1989 in two quarterly instalments. The first instalment will pay within a period of one month from today and second instalment by 30.8.2010. The respondent-tenant is also directed to pay the rent continuously at the rate of Rs. 250/- to the revisionist-landlord. In case of default of the above conditions, it will be open for the revisionist-landlord to approach appropriate forum. The revision is disposed of finally.