RAM LAL Vs. HINDUSTAN COMMERCIAL BANK LTD

JUDGEMENT

(1.) This revision application has arisen out of proceedings under Section 7-B, Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947.

(2.) An application under the said section was filed by the landlord opposite party against the tenant-applicant. This application specified a certain amount as the arrears due to the landlord from the tenant. A notice of this application was issued by the Court to the tenant The tenant appeared in response to the notice and filed objections. The main objection of the tenant was that the amount shown by the landlord as arrears of rent was incorrect and the application should be dismissed on that ground. He did not deposit in Court the amount mentioned in the notice as due from him. On the failure of the tenant to deposit the said amount, the Court dismissed the objections of the tenant as not maintainable and allowed the application of the landlord under Section 7-B with costs. This revision application has been filed on behalf of the tenant challenging the legality of the order passed by the trial Court.

(3.) The learned counsel appearing for the applicant has argued that in this particular case there was no agreed rent and in the absence of any agreed rent the Court was not justified in rejecting his objections on the ground that he had failed to make the initial deposit in Court. We have heard the learned counsel for the applicant and we find that there is no substance in this contention. The argument advanced on behalf of the applicant seems to be to clearly ignore the procedure laid down by the Legislature for the determination and disposal of a case under Section 7-B of the Act. Under Sub-section (1) of Section 7-B of the said Act, it is open to a landlord to make an application for the ejectment of the tenant from accommodation, if the tenant is in arrears of rent for more than three months, Sub-section (2) gives the particulars which have to be mentioned in the application and, according to Clause (iii) of Sub-section (2) (a), the application should specify "the arrears claimed." On receipt of this application the Court is required under Sub-section (3) of the said section to issue a notice to the tenant asking him to pay the amount of arrears within 15 days of the service thereof, or to show cause within the said period why an order directing him to be evicted from the accommodation be not passed against him. If within the time allowed in the notice under Sub-section (3), the tenant pays into Court the amount mentioned therein, the Munsif shall dismiss the application under Sub-section (4) and direct the amount deposited to be paid to the landlord in satisfaction of the arrears If, however, the tenant fails to deposit the amount mentioned within the time allowed therein, the Court is required under Sub-section (5) to make an order directing that the tenant be evicted from the accommodation. If on the other hand the tenant appears in reply to the notice under Sub-section (3) and filed an objection other than an objection as to the costs of the proceedings, the tenant may on payment of court-fee under Sub-section (7) have the application treated as a plaint in a suit for the recovery of rent alone This is, however, subject to the following proviso : "Provided that the tenant shall not be permitted to file any objection, unless he has deposited in Court the amount mentioned in the notice."