RAJU @ SONU Vs. KATORI DEVI AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and perused the record. This petition is directed against concurrent orders dated 30.9.2009 and 7.4.2010 by which both the Courts below have decreed the eviction suit filed by the respondent-landlord.

(2.) The respondent-landlord instituted a Small Causes Suit No. 158 of 1986 inter alia with the allegation that the petitioner was a tenant of the disputed shop at the rate of Rs. 100/- per month but he defaulted in payment of rent from 1984 onwards and despite notice dated 7.10.1986 which was duly received by tenant on 13.10.1986, neither the rent was tendered nor the premises were vacated. The petitioner-tenant filed this written statement admitting tenancy but stating that earlier he was a tenant at the rate of Rs. 10/- per month and the landlord wanted to increase it to Rs. 25/- in 1983 which was refused and therefore, the suit has been instituted. It was further alleged that the tenant had tendered rent by money order dated 31.10.1986 which was not accepted and no rent was due.

(3.) After framing points of determination the Trial Court though found that none of the parties had brought any substantive evidence apart from their bald allegation with regard to payment of rent, it held that it would be deemed and the rent was paid, however it went on to hold that since the entire amount was not deposited on the date of hearing, the petitioner was not entitled to the benefit of section 20(4) of U.P. Act No. 13 of 1972 and as such it decreed the suit for eviction. The Revisional Court affirmed the decree.