PASUPATI SINGH Vs. IST ADDITIONAL DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) :-

(2.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings in small causes court suit no. 2 of 1977 filed in the court of Judge Small Causes Ballia. The petitioner is the tenant. Opposite parties nos. 3 to 5 are the landlords. The property in dispute is a house situate in village Rasra, district Ballia. The suit was filed on the ground that the petitioner is a defaulter as inspite of the notice of demand he did not pay the rent. The Judge Small Causes Court held that the petitioner was a defaulter and decreed the suit on 16th July 1977. Against the judgment dated 16th July 1977 a revision was filed under section 25 of the Provincial Small Causes Courts Act. The revision was dismissed on 18th October 1978 holding that the petitioner is a defaulter. The case of the petitioner that since he had made deposit under section 30 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U. P. Act No. XIII of 1972, hereinafter referred to as the Act, he is not a defaulter was refuted by the revisional court on the ground that no valid deposit was made within the meaning of section 30 of the Act and as such the petitioner cannot take the benefit of the said deposit.

(3.) ADMITTEDLY the notice of demand is dated 10th September 1976. The notice was received by the petitioner on 11th September 1976. Neither any rent was sent by the petitioner after the receipt of the notice nor any payment was made to the landlord. The only question, therefore, which arises is whether the deposit which was made under section 30 of the Act was a valid deposit or not. The revisional court has taken the view that since the application under section 30 of the Act had been dismissed in default the deposit made by the petitioner could not have been taken into consideration.