RAM BAKAS NATHMAL Vs. THAKUR NARAIN SINGH

JUDGEMENT

(1.) YATINDRA Singh, J. Thakur Nar-singhji Mahraj (landlord) let out the premises in dispute in the year 1946 by registered deed to M/s. Ram Bakas Nath mal (tenant ). The tenant filed an applica tion on 27-10-1990 under Section 30 of U. P. Urban Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972 (the Act) for depositing the rent as according to him the landlord had refused to accept the same. In pursuance of this application some rent has been deposited. During pen dency of the aforesaid application the landlord filed a suit No. 93 of 1994 for eviction of the tenant on the ground that the tenant is in arrears of rent and the Act is not applicable. This suit was decreed ex. pane on 27-5-1995. The tenant filed an application under Order 9, Rule 13 to set it aside. This application was allowed. Sub sequently, the tenant filed an application for depositing the rent in the suit. This was allowed on 14-11-1996 and the tenant was permitted to deposit the rent in the suit. The landlord filed a revision. This was allowed on 3-8-1998. In the meantime the tenant's application under Section 30 of the Act that was filled on 27-10-1990 was allowed on 17-7- 1998. The tenant after order dated 3-8-1998 started depositing rent under Section 30 of the Act in pur suance of the order dated 17-7-1998.

(2.) THE landlord filed a revision against the order dated 17-7-1998. This revision has been partly allowed. THE Court has held that the landlord is a trust and now after amendment the Act is not applicable. THE permission to deposit fu ture rent was set aside. THE tenant has filed Writ Petition No. 11314 of 2000 refusing permission to deposit future rent and the landlord has filed a Writ Petition No. 12865 of 2000 against that part of the order by which the rent already deposited under Section 30 of the Act was accepted.

(3.) WITH these observations the writ petition are disposed off.