GYANCHAND Vs. SHASHIRANI VERMA

JUDGEMENT

(1.) BY means of the present revision, the revisionist is challenging the order of the Additional District Judge, Court No.1, Varanasi, dated 22nd January, 2011 by which the suit filed by the plaintiff-respondent has been decreed and the revisionist has been directed to vacate the premises in dispute and to pay the water tax at the rate of 12.5% per month.

(2.) THE respondent, Smt. Shashirani Verma, filed a suit for eviction and arrears of rent being Suit No. 01 of 2008. Before filing the suit, a notice has been given to the revisionist asking him to pay the rent for the period from 1.4.2007 to 30.9.2007 at the rate of Rs.1,000/= per month and further the water tax at the rate of 12.5% per month. When the amount has not been paid, the suit has been filed for eviction. THE court below, on a consideration of the evidence on record, has held that the rent was Rs.100/= per month and not Rs.1,000/= per month and the same has been paid by the revisionist under Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. THE court below, however, held that the revisionist failed to deposit the water tax, which was statutory and was to be deposited and on account of non-deposit of water tax, the suit has been decreed and the order of eviction has been passed. Heard Sri Manish, learned counsel for the revisionist and Sri Neeraj Kumar Srivastava, appearing on behalf of the respondent.

(3.) LEARNED counsel for the respondent submitted that unless there is a contract for non-payment of the water tax, the tenant has to deposit the water tax. Admittedly, the water tax has not been deposited, therefore, the court below has rightly decreed the suit and directed the revisionist to vacate the premises. In support of his contention he relied upon the decisions of this Court in the cases of Dharamvir vs. Ram Chandra, reported in 1997(31) ALR 629, Mirza Humaunyun Beg and another vs. II Addl. District Judge, Lucknow and others, reported in 1981 ARC 175, Abdul Alim vs. District Judge, Jhansi and others, reported in 1996(2) ARC 44, Sukhbir Singh vs. Smt. Naseem Begum and others, reported in 2010 (2) ARC 756 and Major Baldeo Krishna Bhandari vs. VI Addl. District Judge, Lucknow and others, reported in 1982 ARC 121.