K.D. VYAS Vs. SHYAM LAL

JUDGEMENT

(1.) THIS is a tenant's application in revision against an order passed by the Munsif West Allahabad under Section 7 -B of the UP Control of Rent and Eviction Act.

(2.) IT appears that an application under Section 7 B of the Act was filed on the 20th January 1958 and two notices of that application were issued on the 23rd of January 1958, one was sent by registered post and the other was sent for service in the ordinary manner through a process server. The notice that was sent for service by registered post reached the tenant on the 20th February 1958 but that which was sent for service in the ordinary manner was received by him much earlier on the 2nd of February 1958. On the 17th February 1958 the tenant filed a security bond executed by a doctor. This security bond was examined by the office and the Munsaram reported that it was defective in as much as it had not been executed in the name of the presiding officer of the court. The learned Munsif approved of the report and the mistake was subsequently rectified by the executant of the security Bond. The tenant, however, filed no objection. After the service of the second notice on the 20th February he filed objections on the 4th of March 1958.

(3.) LEARNED Counsel for the applicant contended that under Section 7B the tenant has a right to file objections within 15 days of the service of a notice issued under this provision of the law. Even if no objection was filed within 15 days of the service of the first notice the tenant was entitled to file his objection within 15 days of the service of the second notice. It is contended that the notice itself according to sub. S. (3) is one which should ask him to pay the amount of arrears within 15 days of the service of the notice or to show cause within that period why an order directing him to be evicted from the accommodation be not passed against him. Sub.S. (5) lays down that where the notice is duly served under sub S. (3) but the tenant fails to deposit the amount within the time allowed in the notice and he does not file any objection the Munsif shall make an order directing him to be evicted from the accommodation. It is argued that this 15 days time for filing objections starts running from the date on which a tenant is served with a notice under S 7 -B(3). In the instant case he was served with two notices. If cannot be said that the second notice which was served by registered post was not a notice under Section 7 -B of the Act. If this notice expressly asked him to pay the amount or to furnish security and to file objections if any, the tenant had according to Learned Counsel every right to avail of this opportunity accorded to him by the second notice and the learned Munsif was not correct in taking the view that because he had not availed of a similar opportunity given to him under the previous notice he was not entitled to avail of this new opportunity which was afforded to him by the service of the second notice.