CHANGE LAL Vs. WAQF KHUDAWAND TALA AND ANR.

JUDGEMENT

(1.) This appeal involves, inter alia, questions relating to the interpretation of the provisions of S. 7C of U.P. Act No. III of 1947 and R. 9 of the Rules framed under that Act. At the hearing of the appeal before C.S.P. Singh, J. the respondent placed reliance on the judgment of Lakshmi Prasad, J. in S.A. No. 146 of 1964 in which also similar questions had arisen for consideration. C.S.P. Singh, J. being unable to agree with the decision of Lakshmi Prasad, J., referred the following two questions for decision by a larger Bench: - -

(2.) S. 7C of U.P. Act III of 1947 provides as follows: - -

(3.) From a perusal of sub -Ss. (1), (2) and (3) of S. 7C it will be clear that a tenant can deposit rent in the Court of the Munsif concerned only when either of the two conditions mentioned in sub -Ss. (1) and (2) exists. The requisite condition u/sub -S. (1) is that a landlord has refused to accept any rent lawfully paid to him, and the condition u/sub -S. (2) is that there exists a bonafide doubt or dispute as to the person who is entitled to receive any rent. The said two sub -sections further provide for continuance of deposits of subsequent rents by the tenant who has made any initial deposit of rent under either of the two conditions mentioned in those sub -sections. Sub -S. (1) requires in so many words the first deposit to be made "in the prescribed manner." In so far as the deposit of subsequent rents is concerned, sub -S. (1) does not expressly require the same to be again deposited in the prescribed manner. In sub -S. (2), however, occurs the expression: "continue to deposit, in like manner." The words "in like manner" indicate that the subsequent deposits have also to be made in the same manner in which the first deposit is to be made, that is, in the prescribed manner. Sub -S. (4) provides for serving a notice of deposit made u/sub -S. (1) on the landlord, and also for the withdrawal of the amount in deposit by the landlord on an application made by him in that behalf. U/sub -S. (5) the deposits made u/sub -S. (2) are to be held by the Court for the benefit of the person who may be found ultimately entitled to the same. Sub -S. (6) provides that where a deposit has been made u/sub -Ss. (1) or (2), the rent is to be deemed to have been paid by the tenant to the landlord. This sub -section is clearly intended to protect the tenant concerned from being ejected by a landlord, who institutes a suit for ejectment purporting to act u/S. 3(1)(a) of the Act.