LAWS(ALL)-2011-3-176

RAJESH KUMAR MALHOTRA Vs. ASHOK KUMAR MEHROTRA

Decided On March 31, 2011
RAJESH KUMAR MALHOTRA Appellant
V/S
ASHOK KUMAR MEHROTRA Respondents

JUDGEMENT

(1.) HEARD counsel for the parties and perused the record.

(2.) THIS petition has been filed challenging the validity and correctness of judgment dated 8.5.2009 and decree dated 11.5.2009 passed by the Prescribed Authority/Civil Judge (S.D.), Rampur in P.A. Case No. 9 of 2006, Ashok Kumar Mehrotra and others v. Rajesh Kumar Malhotra as well as judgment dated 23.4.2010 and decree dated 29.4.2010 passed by Additional District Judge, Court No. 2, Rampur in Rent Appeal No. 4 of 2009.

(3.) THE landlord respondents served a notice dated 14.8.2006 upon the petitioner demanding rent of the shop in question with effect from 10.1.2006 and also terminated his tenancy. This notice was replied by the petitioner tenant inter alia that he had never refused to pay rent of the shop but due to dispute amongst the landlords and upon their refusal to accept the notice dated 24.4.2006, he was compelled to deposit the rent for the period in dispute under Section 30(2) of Act No. 13 of 1972 as stated above.