KAILASH CHANDRA NIGAM Vs. SMT. GAYATRI DEVI

JUDGEMENT

(1.) This is a Civil Revision under Sec. 25 of the Provincial Small Cause Courts Act. The opposite party instituted a suit against the applicant for his ejectment and for arrears of rent and damages on the ground that he had not paid the arrears of rent which were for a period of more than four months notwithstanding a notice of demand having been served on him, as contemplated by S. 20 (2) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act of 1972 (hereinafter referred to as the Act). The suit has been decreed by the IVth Additional District Judge, Kanpur acting as Judge, Small Cause Court for the reliefs claimed by the opposite party and it is this decree which is under challenge in the present revision.

(2.) It was urged by counsel for the applicant that the requisite amount contemplated by Sec. 20 (4) of the Act having been deposited by the applicant at the first hearing of the suit, the applicant was entitled to be relieved against his liability for eviction. A similar plea was raised before the Additional District Judge but was repelled on the ground that the applicant had not deposited the entire amount contemplated by S. 20 (4) of the Act.

(3.) The only point which has been urged by the counsel for the applicant in support of this revision is that the applicant was not required to deposit costs of the suit insofar as the relief for arrears of rent and damages was concerned. According to counsel for the applicant Sec. 20 (4) contemplates deposit of only such costs which had been incurred by the plaintiff-landlord on the relief for eviction only.