JITENDRA KUMAR DWIVEDI Vs. MUNNI DEVI

JUDGEMENT

(1.) The present writ petition has been filed against the judgment and order dated 6.8.2002 passed by the Additional District Judge, Court No. 14, Agra in Civil Revision No. 12 of 2008 upholding the judgment and decree dated 5.12.2000 passed by the Judge Small Cause Court, Agra whereby the suit No. 90 of 1996 filed by the plaintiff respondent for arrears of rent and ejectment was decreed in his favour. The facts of the case as set out in the writ petition, are recapitulated as follows:

(2.) The father of the petitioner Sharda Prasad Dwivedi appeared before the Court on 24.9.1996 and thereafter on his request the matter was adjourned on several occasions and, ultimately, it was only on 22.1.1997 he filed his written statement and contested the suit alleging himself to be the owner of the disputed premises and denied the landlord-tenant relationship. In the meantime, service of notice was also effected upon the petitioner who also filed his written statement on 28.10.1996 and deposited the alleged amount purported to be under section 20(4) of U.P. Act No. 13 of 1972 (in short the 'Act') and admitted the landlord and tenant relationship.

(3.) After hearing the learned Counsel for the parties and considering the evidence led by the rival sides, the Trial Court held that the defendants have committed default in payment of rent. The Trial Court further held that since the rent was not deposited by the defendants on the first date of hearing, the defendants are not entitled to the benefit of section 20(4) of the Act and, therefore, the plaintiff respondents were justified in terminating the tenancy and the defendants are also liable to be evicted under section 20(f) of the Act for denying the title of the landlord. The Trial Court, thereafter, decreed the suit for arrears of rent and ejectment in favour of the landlord respondents by judgment and decree dated 5.12.2000.